石膏固定患者因肺栓塞猝死，基於開業醫師之醫療水準判定無過失【寰宇醫事裁判】 試閱
The Patient with Plaster Fixation Died Suddenly Because of Pulmonary Embolism, The Physician Had No Fault for It According to the Medical Standard
本件患者X被診斷為右下肢阿基里斯腱斷裂，於複診時由被告Y醫師進行石膏替換。替換石膏時，患者X主訴不舒服，Y醫師診斷為「過度換氣症候群」，經施以紙袋呼吸法，患者X仍出現腹痛症狀，Y醫師遂請求救護車支援，將患者X送往仙台市立醫院急診。翌日被告死亡，死因記載為「疑似肺梗塞」。原告等人（即患者X之夫與子），主張被告Y醫師有診斷錯誤、預防血栓發生之注意義務與急救義務的違反，向被告提出損害賠償之請求。
The patient X was diagnosed with Achilles’ tendon on her right leg and the plaster was replaced by the physician Y as the accused during the referral. Meanwhile, the X expressed uncomfortable and was diagnosed with “hyperventilation syndrome” by the Y. After taking paperbeg rebreathing, the X still had abdominal pain and was sent to Sendai Municipal Hospital as an emergency after the Y called an ambulance. The X was still dead in the next day and the suspicious reason was “pulmonary embolism.” The plaintiffs i.e. the husband and the son of the X complained for a compensation that the Y had diagnosed wrongfully and obeyed the duty to prevent thrombosis and emergency duties.
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