牙根囊腫治療失誤案： 醫療刑事過失行為之因果關係證明難題【學習式判解評析】 試閱
A Case about a Failed Treatment for Dentoalveolar Abscess: The Dilemma of Proving Causation in Criminal Medical Negligence
醫療過失行為之因果關係認定具有專業性門檻，法院往往需要專業鑑定意見的協助。然而，並非所有個案皆具有清楚且明確的病歷與證據資料，讓鑑定專家能夠做出確定的判斷，審理個案之法官仍須肩負起個案判斷的責任。本案中，法官在其自由裁量權限下，綜合鑑定意見、證人等相互衝突證據後，基於罪疑為輕、罪疑為有利被告之認定等原則，做出被告無罪之判斷。
The determination of causality of medical negligence has a professional threshold, and the court often needs the assistance of experts’ opinions. However, it’s not easy to have clear and definite medical records and evidentiary materials for experts to make a solid judgment. We still have to rely on the judges who dominate the trial process to bear the responsibility of deciding the case. In this case, the judge made a verdict of innocence for the defendant based on his discretion after comprehensively considering evidence such as expert opinion and witness testimony.
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