腹腔鏡氣體栓塞案：醫療民事責任之構成要件與爭點整理【學習式判解評析】 試閱
Case about Arterial Gas Embolism during Thoracoscopic Surgery: Constituent Elements and Issues Coordination in Medical Civil Liability
醫療過失爭點多樣而龐雜，法院囿於專業限制，在證據調查時難免千頭萬緒，不易聚焦。然而除過失之外，因果關係亦係損害賠償責任成立之核心要件：醫療處置縱有過失，仍須過失與病患所受損害間具有相當因果關係，醫方始需負賠償責任。於如本案醫療損害發生之直接原因為罕見特殊醫療事故（氣體栓塞）之案例類型，法院之證據調查或可由因果關係切入，過濾無關爭點，迅速聚焦於最核心的醫療爭點。
Types of medical negligence are diverse and complex. Courts are bound by professional constraints, and it is inevitably difficult to focus in the discovery process. However, in addition to negligence, causation is a critical element in determining liability for damages. Even if there is negligence in medical treatment, there must still be a significant causal relationship between the negligence and the harm suffered by the patient before the medical provider can be held liable for damages. In a case such as this, where the proximate cause of the medical harm is a rare and unique medical event (gas embolism), the court’s evidentiary inquiry can be approached through the lens of causation, filtering out irrelevant issues and quickly focusing on the core medical issues.
043-058
