TAIPEI (Taiwan News) — A caregiver at a rehabilitation center, following a nine-year prison sentence that is under appeal, has been ordered to pay part of over NT$4.82 million (US$147,171) in a civil lawsuit after being found guilty of kicking the head of a blind female patient, ultimately leading to the patient’s death.

The incident occurred at a care facility in Taipei where the caregiver, surnamed Lin, was responsible for assisting patients with severe cognitive and visual impairments. In May 2022, Lin allegedly kicked the patient multiple times when she refused to go to the bathroom, per CNA.

The patient was hospitalized and died from the injuries. The victim's parents filed both criminal and civil suits seeking compensation.

Shilin District Court sentenced Lin to nine years in prison for offenses of injury resulting in death under Article 277 of the Criminal Code. After an appeal, the Taiwan High Court upheld the original ruling, and the case is now pending further appeal to the Supreme Court.

The civil lawsuit demanded joint compensation from Lin, the hospital that employed her, and the rehabilitation center. The victim's parents are seeking over NT$18.5 million for medical expenses, funeral costs, and emotional distress.

Lin argued the criminal ruling was flawed and should not require her to pay compensation. The hospital contended that they had adequately supervised Lin during her employment and requested a reduction in the compensation amount.

Meanwhile, the rehabilitation center claimed it had no authority over the caregiver’s hiring decisions, as scheduling duties were handled by the hospital. It argued that it should not be held liable for joint compensation.

Shilin District Court determined the evidence from the criminal case linked the victim's injuries and death to Lin's actions. Establishing this connection is essential for a criminal conviction in Taiwan.

As a result, Lin was held responsible for damages. The court also determined that the hospital is jointly liable for compensation under civil law.

Regarding the rehabilitation center, the court noted that the center operated under a commissioned management model, outsourcing its social welfare services to the hospital. Since Lin was employed by the hospital, although there was no direct employment contract between the rehabilitation center and Lin, it was reasonable to consider that Lin was serving the rehabilitation center and under its supervision.

According to the management contract between the rehabilitation center and the hospital, both parties agreed that the hospital should establish case files for the services provided and be subject to the rehabilitation center's supervision. The rehabilitation center also had the right to request the replacement of unsuitable caregivers.

As a result, the court recognized the rehabilitation center as Lin's employer and held it jointly responsible for compensation.

Taking into account the circumstances of the incident, the emotional suffering of the victim's parents, and the parties' respective positions, status, abilities, and financial capacity, the court reduced and adjusted certain items and amounts. It ruled that Lin, the hospital, and the rehabilitation center should jointly pay over NT$4.8 million in compensation, with the decision open for appeal.