腹腔鏡膽囊切除手術失誤案：併發症之迷思【學習式判解評析】 試閱
Error in Laparoscopic Cholecystectomy: Debunking the Myth of Medical Complication
本案病人因急性膽囊炎接受腹腔鏡膽囊切除術後，併發總肝管截斷之損傷，經檢察官對施術醫師提起公訴，雖鑑定意見認定無醫療疏失，但一、二審法院均判決施術醫師成立業務過失傷害罪，其論證過程具有啟發性，特別是對醫學上「併發症」一詞之法學義涵與醫療過失判斷間之關係，有深刻的說明，而為本文評析重點。
A victim of acute cholecystitis received laparoscopic cholecystectomy and was complicated with the damage of common bile duct. The surgeon was prosecuted and found guilty unanimously by district and appeal court under offense of causing bodily harm due to professional negligence, which is contrary to the opinion of professional testimony. This article comments on the reasoning of the decisions with special emphasis on the legal implication of “medical complication” and its role in the judgement of negligence.
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