When a healthcare worker settles a medical-accident injury case, what must the file show before that settlement bars a prosecution against the worker?
General information · Not legal advice
Material to check
In a practice file of this kind we read the mediation record written when mediation was established or by agreement during the mediation, the victim's own statement of will, and the medical records and assessments showing whether the bodily injury brought a risk to life, a disability, or an incurable or intractable disease.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading limits the bar to a healthcare worker who committed business-negligence injury, one of the offences of causing injury through negligence under the Penal Code, in a medical accident, and only once mediation was established, a mediation record was written by agreement during it, or a conciliation arbitration award was issued in the arbitration procedure; against the victim's express stated will, a prosecution cannot be brought.
Another reading turns on the proviso: where the bodily injury caused a risk to life, a disability, or an incurable or intractable disease, the bar falls away, so a mediation record alone does not settle whether prosecution can follow; the provision does not say how the victim's will must be stated.
Your judgment
How could the file show whether the victim's injury crossed into the risk to life, disability, or incurable or intractable disease that the exception names?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to change which injuries the exception covers, or if a court decision explains how the victim's express will must be recorded.