醫療訴訟的爭點：過失與因果關係【醫事法學教室】 試閱
The Issues of Medical Litigation: Negligence and Causation
原告為新生兒，於5月23日在被告醫院出生，皮膚呈現黃疸症狀。出院後回鄉下，於7月19日回診，驗血得知膽紅素為6.4mg/dL，且黃疸症狀未消失。
In this case, the plaintiff was a newborn who suffered jaundice in May 23. Such illness did not disappear when he went to see a doctor, the defendant, in July 19. The plaintiff was diagnosed to suffering biliary atresia in July 24 and went on to do surgery for organ transplantation in July 26 in another hospital. The issues in this case are, firstly, whether the defendant was negligent in diagnosing process on the plaintiff, and secondly, whether the causation exists between the plaintiff’s misdiagnosis and the damage resulting in the surgery at issue. The court decided that the defendant was negligent in diagnosis but his misdiagnosis has no causation with the surgery of organ transplantation.
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