植牙手術案：醫療鑑定書與專家證人——誰主沉浮【學習式判解評析】 試閱
Case about Dental Implant: Medical Expertise Report and Expert Witness: Who Prevails?– Who Is the Master of Ups and Downs
口腔醫療行為涉及病人健康法益，醫療過程及醫病互動充滿複雜性及可變性，加以如屬自費高單價治療，稍有不慎，更易引起爭議。本案例經兩次鑑定，其鑑定書與專家證人意見不同，致生糾結；並將傳統過失與違反說明義務體系混淆。本文謹就判決爭點疑義，試予評析。
Dental medical treatment involves the legal interests of the patient’s health. The medical process and doctor-patient interactions are complex and variable. Moreover, if the treatment is of high cost and is not covered by insurance, even a slight mistake can easily lead to disputes. In this case, the two appraisals resulted in different opinions from the expert witnesses, leading to a dilemma. The traditional concepts of negligence and violation of the duty to inform were also confused. This article only analyzes the controversial points of the judgment.
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