篇名

羊水栓塞與醫師之過失行為   免費試閱

並列篇名

Amniotic Fluid Embolism and the Negligence of the Physician

作者
中文摘要

2015年1月5日,死者D被診斷為輕度妊娠高血壓,於7日經E醫師催生不成後,9日晚間18時許緊急剖腹。同日晚間近20時50分E醫生外出,此間D不斷表示疼痛,助產士經E醫師投予藥物後依然無法緩解症狀,同時從E醫師外出後D之尿量並無增加。晚間23時許E醫師回來後,清除D之子宮與陰道內血塊,然而此時D之休克指數已達1.3。10日凌晨0時30分,E醫師研判D仍有出血傾向,而決定辦理轉院,D於轉院途中死亡。原告A與B分別為死者D之夫與子,控告E醫師處置有過失,而診所代表人C應負連帶賠償。東京地方法院認為,在善盡對D的監測義務,以及對羊水栓塞治療與轉院義務上,E醫師未能注意到D之休克指數,亦未每1小時監測尿量,致無法儘早確認是否完全止血,而因此延誤轉院。此外,雖D死後未經解剖,但從出血量、血小板數與血清檢測中,難以否定D是羊水栓塞而死。而近年羊水栓塞經適當即時之急救,其存活率會提高。因此,E醫師未盡其注意義務,與D死亡具因果關係。

英文摘要

On 5th January 2015, the dead D was diagnosed with the mild Gestational hypertension and took an emergency cesarean birth at 6 p.m. on 9th January after an unsuccessful augmentation by the physician on 7th. During that the physician E went out at about 20:50 on 9th, the patient D complained of pain and the midwife couldn ease the syndrome by the medicine the physician E gave. Meanwhile, the amount of patient D urine didn increase. After coming back at about 23:00, the physician E cleaned the clots in D uterus and vaginal. D shock index had already been 1.3 at the same time. About 00:30 on 10th, the E judged that D still had the blood tendency and decided to transfer D to other hospitals. D died during the transferring. The plaintiff A is D husband and the plaintiff B is D son. Both of them accused E of the negligence of treatments, and C, the representer of the clinic, of joint compensation. Tokyo District Court asserts that, concerning to the duty of surveillance, the treatments to the amniotic fluid embolism and the duty of transferring, E didn notice D shock index, nor monitor the amount of urine. Consequently, E couldn comfirm as fast as he could whether the blooding had been stopped and the transferring was delayed. Besides, it was hard to negate that D died on the ground of the amniotic fluid embolism according to the amount of the blooding, the amount of the thrombocytes and the examination of serum, even though there was no anatomy after D?death. The survivability of the amniotic fluid embolism would recently be enhanced with giving the first aid properly. Therefore, it would be causally related to D?death that E didn fulfill the duty of care.

起訖頁

101-109

出版單位
DOI

10.3966/241553062021020052008  複製DOI  DOI查詢

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