【醫療民事法】住院期間被性侵案：醫療契約之保護義務【學習式判解評析】 試閱
A Case about a Sexual Assault during the Hospitalization: The Duty of Protection in the Medical Contract
本文係對於臺灣高等法院107年度上易字第1262號民事確定判決之介紹與簡評，依該判決結論：「甲醫院未盡對住院病患A女所負醫療契約之保護義務，致A女在病房廁所內，遭受同院住院病患B男性侵害三次，受有身體、健康、貞操等人格權侵害，應負債務不履行之損害賠償責任」，自契約法體系上之觀點，淺要介紹醫療契約中之保護義務，並就所涉相關議題為國內之文獻回顧。
The essay presented here relates to an introduction and a short comment for the Civil definitive Judgment concerning to the appealed short case No. 1262 in 2018 in Taiwan High Court. According to the judgment, the hospital X didn do duty of protection which came from the medical contract for the patient A, leading to that the patient A suffered sexual assault from the patient B who hospitalized at the same hospital for three times, and causing damages of personal rights, such as body, health and virginity. The hospital X shall compensate the damages due to the non-performance of obligation. Concerning to the viewpoint of the contract system, a brief introduction for the duty of protection in the medical contract and a review on the related domestic reference would be presented.
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