最高法院106年度台上字第227號判決之四不一沒有【特別企劃】 試閱
Four Noes and One Without in the Judgment No. 277 (2017) of the Supreme Court
本件醫療糾紛發展為社會矚目案件，經由片面報導與資訊的轉傳，筆者憂心造成醫、法界之猜忌與敵意，破壞彼此的互信而不利於未來的溝通。因此，筆者在不觸及實質評論本判決之前提下，針對醫界就本判決曾經提出的意見與指教，說明本判決─不是有罪推定、不是創新見解、不是判決歧異、不是苛責醫師的「四不」，以及沒有這麼可怕的「一沒有」等五項論點，供各界參考，盼能稍解醫界之以訛傳訛與不安。
The author worries about that this high-profile medical lawsuit would cause the suspicion and hostility between the medical personal and juridical opinions, breaking the trust of each other and being harmful to the communication in the future as the results because of the unilateral reports and spreading. Beside of introducing the “four noes”: it would not be the presumption of quilt; it would not be any new idea; it would not be a difference in judgments and it would not be a blame to the physicians, this article would like to explain the “one without”: it would not be so terrified without discussing the judgment materially as a react of the opinions of medical personal, so that the rumors could be broken.
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