從地方法院民事醫療判決看最新發展趨勢──引用最高法院次數觀察【本期企劃】 試閱
Recent Trends from District Court Civil Medical Judgments Based on Citation of Supreme Court Decisions
對於醫療判決實證研究可從多面相去進行觀察，例如從醫療層面觀察涉訟科別、醫療疏失主張類型或獲判勝訴類型；或者從法律層面觀察，注意義務、告知說明義務、因果關係及舉證責任。透過較長期之研究去分析地方法院與最高法院判決間的關聯性，本文挑選最高法院具有開創性之判決，藉此展望將來司法實務可能發展之方向。
There are many perspectives to do empirical research on the medical judgments. For example, from the medical perspective on the one hand, it could be observed which division it is in litigations, what kind of the medical negligence would be complained and in what kind of situation would win the litigation. From the legal perspective on the other, the duty of care and of disclosure, the causality as well as the burden of proof would be the objects of the observation. By analyzing the connecting relationship of the judgments between District Courts and High Courts over a long period of time, some pioneering judgments of Supreme Court would be picked out to present the prospect of the possible tendency in the future.
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