篇名

探討法院對民事上過失之認定   免費試閱

並列篇名

Discusses the Court to Recognizing of on the Civil Error

作者
中文摘要

按所謂相當因果關係,係指依經驗法則,綜合行為當時所存在之一切事實,為客觀之事後審查,認為在一般情形上,有此環境、有此行為之同一條件,均會發生同一之結果者,則該條件即為發生結果之相當條件,行為與結果即有相當之因果關係。本件被告醫師考量病人A當時已施打抗凝血劑,如逕將暫時性雙腔導管拔除,勢將造成其出血不止之嚴重後果,乃決定不予拔除導管,而囑咐護理人員採取導管兩側蝶翼縫針傷口處之少許似膿體,以做細菌培養,並加強清潔傷口及換藥,給予抗生素,以防細菌感染,依上開說明,未立即拔管,自無違反醫療常規。本件己、庚、丁等醫師對病人A在L醫院就診期間之治療行為,均無過失,亦核與病人A之死亡間無相當因果關係,自無損害賠償責任可言,L醫院亦無債務不履行可言,則毋庸與之負連帶損害賠償責任。

英文摘要

According to the so-called suitable causal relation, is refers according to the law of experience principle, the comprehensive behavior at that time existence all facts, for objective afterwards examined, thought in the general situation, had this environment, has this behavior the identical condition, had the identical result, then this condition namely for had the result the suitable condition, the behavior and the result namely had quite the causal relation. The physician as the accused in this case took it into consideration that the patient A had taken anticoagulant and it could lead serious consequences like continuing to bleed, if he removed the double lumen catheter. Therefore, he commended the nursing staff to simple the Abscess on the both sides of the wounds in order to culture Bacteria, to clean the wound, to change dressings and to give antibiotic in order to prevent form infections, instead of removing the catheter. All the physician did, didn’t obey any medical norms. The medical treatments of the other physicians like D, F and G to the hospitalized A had furthermore no fault and no corresponded relation with the A’s death. As the result, D, F and G didn’t have any responsibility for it. Moreover, the Hospital L had no non-performance of obligation and therefore had no joint responsibility for it.

起訖頁

082-086

出版單位
DOI

10.3966/241553062017110013008  複製DOI  DOI查詢

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