【醫療民事法】惡性胸腺腫瘤延誤診斷案：5年存活率 vs.10年存活率【學習式判解評析】 試閱
Case Regarding Misdiagnosis of Malignant Thymoma: The 5-Year or 10-Year Survival Rate
病患於2007年之X光片在縱膈腔部位雖已可見異常陰影，但被告醫師判讀為正常，嗣於2009年該病患確診為第四期惡性胸腺瘤。病患主張因被告醫師之判讀錯誤，致其存活機會降低，且受有必須接受額外化學治療所致之損害。各審級法院就如何運用存活機會喪失理論及舉證責任之分配上有不同見解，本文即針對此二爭議點提出評析。
The patient took chest X-ray in 2007 which showed abnormal shadow over mediastinum, yet the accused physician wrongfully interpreted it to be normal. However, the patient was diagnosed to suffer from malignant thymoma in 2009. The patient claimed that the physician’s misdiagnosis caused his taking extra-chemotherapy due to advanced disease pre- and post-operatively and loss of survival chance. The courts differed in their opinions regarding the burden of proof and the application of loss-of- chance doctrine, which were discussed in details in this article.
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