【醫療民事法】車禍內出血死亡案:病況之類推適用與有過失【學習式判解評析】 試閱
Death Due to Internal Bleeding after Traffic Accident: The Application of Contributory Negligence to Disease Status by Analogy
本件病患因車禍重傷,經送醫院救治仍告不治,醫院創傷急救小組有延誤醫療上延誤診斷及疏失,應如何論斷醫方之賠償責任以及賠償範圍?與肇事者責任間如何切割競合?與病患間如何分配或承受醫療風險?不同審級法院間有不同見解。就此,本文提出己見並對判決進行評析。
A heavily trumatic victim of internal bleeding and multiple fractures due to traffic accident was sent to hospital, who expired despite medical management. The first-aid team of this hospital was found poorly organized and did not offer appropriate medical service. The courts herein differed in their opinions regarding the liability and related issues, which are fully discussed and commented in this article.
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