篇名

【醫療刑事法】美容醫師坐牢案:審理美容醫療刑事案件之可考量因子   免費試閱

並列篇名

Case of a Cosmetic Surgeon Was Sentenced in Prison: The Considerable Elements during Hearing a Medical Criminal Case

作者
中文摘要

愛美是人的天性,隨著醫學科技的發展,美容醫學市場在臺灣日益茁壯,讓更多醫師投入美容醫學領域,然因從事美容醫學素質不齊等問題,醫療爭議與糾紛時有所聞。本件被告醫師為病患施作抽脂手術,因被告醫師未盡術後必要之觀察義務,致病患發生心因性休克而死亡,其所涉業務過失致死罪,原由檢察官依醫事審議鑑定結果為不起訴處分,嗣經法院裁定准許交付審判;經法院審理後有罪定讞,本件係極少數被告醫師須入監服刑之情形,本文擇要漫談本件轉折、判決結果及審理美容醫療刑事案件之可考量因子。

英文摘要

It is the human nature to love the beauty. While the medical technology has been developed, the domestic market of the aesthetic medicine has been grown up. Many physicians have therefore been occupied themselves with it. However, medical legal issues and disputes occurred often because of the staggered quality of the aesthetic medicine. In the case at hand, the physician A as the plaintiff operated the patient B a liposuction surgery which belonged to a surgery of the aesthetic medicine and was questioned whether it could be differentiated from any other general medical treatment. Besides there was a doubt in the legal practice due to the different opinions of medical appraisals. A in this case didn’t fulfill the duty of observation after operating a surgery which lead B’s cardiogenic shock and his death in the end. What A had done could be a crime against business negligence leading death. At the beginning the prosecutor had ordered not to prosecuted according to the medical appraisal. But this legal issue was sent to trial after the ruling by the court. After hearing, A had received a guilty conviction affirmed, and became the minor plaintiffs in person. The considerable elements during hearing a medical criminal case would be introduced in this article.

起訖頁

110-133

出版單位
DOI

10.3966/241553062019120038007  複製DOI  DOI查詢

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