Medical Criminal Law: The Case of Drug induced Stevens-Johnson Syndrome
The victim X was examined radiculopathy by the physician Y, and took the therapy with the medicine Tegretol because of hurt when visiting back. However, the Y didn’t explain the possible side-effect and didn’t get X’s confirmation. Because this drug might induce Stevens-Johnson Syndrome, the bureau of drug administration insists that a patient, which took this medicine shall not belong to the drug injury relief, if it was used in unapproved illness. The X has taken this medicine for four times and has had rash, oral ulcers with pus. He also got fever and hematuria; he dead as the result. The court deemed whether the physician Y had the medical fault, is depend on whether he obeyed the medical rules, even though it was a violation of the autonomy of the medical treatment. Because the notification in this case was helpless to interfere the danger, the Y had no fault.
Although courts have different opinions about whether the physician has fault about the medical injuries forwards, if he disobeyed the duty of the explanation, they should considerate the willing of taking medicine as the treatment. Furthermore, the responsibility of disobeying the duty of the explanation and the responsibility of the fault and the improper medical treatment shall be different.