鴉片中毒案：行為、侵害與相當因果關係【學習式判解評析】 試閱
The Case of Poisoning of Opium: Deed, Infringement and Adequacy
本件病患家屬主張醫師診斷錯誤及病歷記載不實，據以請求侵權行為損害賠償及出具道歉聲明，然其主張受侵害之權利，並非病患之健康、身體或生命權，而是家屬之名譽權、對病患遺體之身分法益，以及對於已故病患虔敬追思之人格權。本文以此事件為例，反思相當因果關係的概念，以及其與行為及權利侵害的關聯。
The plaintiffs (the late patient’s family) argued that the doctors had made a wrongful diagnosis and false statement in medical records, and, having their claim based on tort, pursued for damage and apology. However, the rights allegedly infringed according to the plaintiffs were not the right to the late patient’s health, bodily integrity or life, but that to family’s reputation, the legal interest in their relationship with the late patient’s body, and their personality-right to memorize the late patient. This case is in this article taken as an example to reconsider the concept of adequacy (Adäquanz) and its connection with deed and infringement of rights.
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