護理師巡房案： 護病比一比二十八，如何每小時巡房？【學習式判解評析】 試閱
Case about Ward Rounding of the Nurse How Could a Nurse Round for Each Hour Insofar As 1 Nurse to 28 Patients
精神病患於病房內出現怪異動作，發生姿位性窒息而不治死亡，法院認為此乃護理人員未履行每小時巡房與觀看監視器畫面之義務而未發現該病患之異樣所致，然事發當下該精神科病房之護病比為一比二十八，該名護理人員尚忙於其他病患之核對藥物事宜，如何善盡每小時巡房之義務，不無疑問；醫療機構是否違反配置充足護理人員人力之組織義務，致該護理人員分身乏術而疏於履行巡房義務，值得探究。法院僅著重護理人員個人過失責任之探究，忽略於審酌醫療機構之組織義務與組織責任，未使醫療機構獨立負侵權責任，且於論斷護理人員之過失責任上，未依善良管理人注意義務標準加以衡量，其見解非無探究之餘地，本文擬參照實務與學說見解評析之。
A psychiatric patient died of postural asphyxia after strange movements in a hospital room. The court found that the patient’s death was caused by the nursing staff’s failure to perform hourly rounds of the ward and to watch the monitor and not detect the patient’s abnormalities. However, it was one nurse to 28 patients in the psychiatric ward at the time of the incident, and the nursing staff was busy checking medications for other patients, so it is questionable how they could have fulfilled their obligation to make hourly rounds. It is worth to investigate whether the medical institution violated its organizational obligation to allocate sufficient nursing staff manpower, causing the nursing staff to be distracted and negligent in fulfilling the duty to make rounds. The court focused on the nursing staff’s personal liability for negligence but neglected to consider the medical institution’s organizational obligations and responsibilities, which did not make the medical institution independently liable for infringement. Additionally, the court failed to assess the liability of the nursing staff according to the standard of the duty of care of a prudent person. In this essay would it be analyzed with reference to practical and theoretical opinions.
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