篇名

事例:妊娠高血壓監測不當導致孕婦子癲症死亡   免費試閱

並列篇名

Pregnant Woman Died of Eclampsia Because of Inadequate Management of Hypertension

中文摘要

本案係因產婦為監控妊娠高血壓症候群而入院,卻因HELLP症候群併發子癲症死亡。家屬們認為被告醫院有對產前妊娠高血壓症狀監控不當、剖腹產實行時機過晚與產後處置不當等管理疏失,故對被告醫院提起損害賠償訴訟。一審名古屋地方法院認定被告醫院在產前妊娠高血壓症狀監控、剖腹產實行時機等兩方面雖無過失,但在產後未投予降壓劑、未實施血液檢查、在治療子癲症時僅投予標準值六分之一至三分之一程度的藥量等三點上,認定實有違反注意義務之過失。損害金額部分,產婦死亡時為31歲,生前的年收入為2,150,779日圓,可能之勞動年數為36年,其生活費扣除率為35%,在考量可能產生的腎臟疾病對將來就業能力之影響,其逸失的利益為上述金額的九成。判定被告醫院應對產婦夫、產婦子各賠償41,034,557日圓,並對產婦父、產婦母各賠償110萬日圓。

英文摘要

A pregnant woman was in hospital for monitoring and controlling her pregnancy-induced hypertension. But at the end, the woman died of eclampsia with HELLP syndrome. Her family members believed that the hospital was responsible for inadequate control of her pregnancy hypertension, was late for performing cesarean section while she was giving birth, and didn’t give her a proper postpartum care. According to the management errors mentioned above, they filed a lawsuit against the hospital for damages. In the first instance, the Nagoya District Court determined that the hospital made no mistakes about monitoring the patient’s pregnancy hypertension or the timing of cesarean section. However, there were no administration of antihypertensive agents and no blood tests for the women after giving birth. Furthermore, they gave only one-sixth to one-third of standard dose during the treatment of eclampsia. All these showed that the hospital had acted in violation of duty of care. As for the amount of compensation for damage, multiple factors should taken into account: because the patient died at the age of 31, the potential years of work were 36 years; her annual income was 2,151,079 yen, with a 35% deduction rate for living costs; her possible kidney disease would affect her future employability, the loss of the benefits was 90% of the above amount. The court finally ordered the hospital to pay the patient’s husband and son 41,034,557 yen for each, and to pay both of her parents 1.1 million yen.

起訖頁

117-130

出版單位
DOI

10.3966/241553062017050007007  複製DOI  DOI查詢

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