醫師是否應對遲發性併發症負業務過失傷害之責？──以大腸息肉切除之腸穿孔併發症為例【醫事法學教室】 試閱
Does a Physician Have a Responsibility of Professional Negligence because of Delayed Complication? Taking Gastrointestinal Perforation as the Complication after Colorectal Polypectomy as an Example
臨床上一般小型手術於大多數情況，醫師為初步觀察後無發現特別症狀時，考量病房有限，均會請病人返家休息。若病人出院前曾向醫師反應不舒服，但醫師未依其要求而為高規格檢查，且病人於事後確實發生併發症，醫師是否要負責？本文提供判斷之依據為：醫師是否已於術前告知併發症之資訊？是否已善加注意術後之生命徵象？令其離開醫院之判斷有無過於輕率？若醫師所為均符合醫療常規，因醫療資源有限，不能要求醫師對任何可能產生併發症之病人均給予高規格檢查始讓其離院，故即使病人之後確實產生併發症，也不會認為醫師應負過失責任。
Considering that there is no enough patient beds in a hospital, patients would usually be asked for discharging after having a minor operation without any other syndrome. Did a physician have a responsibility, if the patient was uncomfortable but without any high standard examination and had a complication after having an operation? It would be a criterion of judgement introduced in this paper whether the physician informed the complication before the operation, whether the physician payed attention to vita signs after the operation, and whether the decision of discharging was too hasty. The physician doesn’t have any responsibility for negligence, if what he did corresponded to the medical customs, for medical resources is limited. It could be demanding to a physician to examine a patient who has a complication possibly with high standard before discharging.
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