篇名

醫護人員、醫院應善用:「時效抗辯」   免費試閱

並列篇名

Medical personnel and hospitals should make good use of “Statute of Limitations Defenses”

作者
中文摘要

被告甲是婦產科護士,原告為懷孕38週之產婦,因陣痛、破水至A醫院待產,由甲照護,甲自胎心音監視器發現原告腹中胎兒有胎心音減速現象,應可判斷胎兒於此狀況下發生窒息之機會極高,應迅速通知醫生處理。距疏未注意僅一再為原告進行醫療處理,迄胎兒之頭部下降至陰道口而清晰可見時,始聯絡醫師接生,致分娩產出之胎兒B活動狀況不佳,且無呼吸,雖經急救仍因吸入性肺炎而不治死亡。原告依侵權行為之法律關係,於2004年2月12日起訴請求甲及A醫院連帶賠償精神慰撫金各新臺幣200萬元。

英文摘要

The plaintiff was waiting for labor in the hospital. The nurse noticed fetal heart rate decelerations from the fetal heart rate monitor. However, the nurse did not pay enough attention and did not contact the obstetrician until the delivery of the infant’s head. The infant died of aspiration pneumonia.

Issues in the case: Was the claim for damage expired since the plaintiff failed to exercise within a two-year statute of limitations?

The plaintiff had learned the nursing malpractice on or before January 6th, 2001. However, the plaintiff did not file any lawsuit against the nurse until February 12th, 2004, when the claim was obviously extinguished by prescription not exercised by the plaintiff within a two-year statute of limitations.

The nurse used a two-year statute of limitations defense, and so did the hospital. Both defendants refused to compensate the plaintiff. This case was an instance of making good use of "Statute of Limitations Defenses" by the medical personnel and the health care institution.

起訖頁

169-172

出版單位
DOI

10.3966/241553062016100002013  複製DOI  DOI查詢

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