關於因侵入性治療所生雙腿或足部癱瘓風險的說明義務【寰宇醫事裁判】 試閱
The Range of Medical Explanations about the Medical Invasive Treatment which Leaded to the Risks of Palsy of Two Legs or Feet
原告病患主張，被告醫生並未在手術前就手術所可能引發之癱瘓風險作完全說明，導致原告因神經受傷引發持續性癱瘓，被告對此應負損害賠償責任。最高法院認為，根據過去的判決，若病患並未進一步詢問，醫生依醫療常規在手術前所說明之癱瘓，原則上係指持續性的癱瘓。因此，被告已盡手術前告知原告可能引發持續性癱瘓風險之說明義務，不負損害賠償責任。
The patient as the plaintiff complains that the physician as the accused didn’t explain the risk of the possible palsy before taking the operation according to his duty. The accused had therefore to take the responsibility for the compensation. The supreme court affirmed that the palsy which was explained by the physician before the operation is generally a persistent palsy according to cases in the past, if the patient didn’t ask forward. Besides, it had been already one of the medical standards. Therefore, the accused had done her duty of explanation before taking the operation that the operation might cause to a palsy possibly, and has no responsibility for the damage.
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