Comment on Appealed Summary Judgement No. 3 in 2016 in Taiwan High Court Kaohsiung Branch: On the Responsibility of Medication Error
An 82-year-old patient because of having gout took allopurinol as a medical treatment from a physician without any genetic examination. Then a physician at another hospital took also the same medicine to him but stopped because of allergy. The family membership complained about the medication error which caused medication allergy. The court pointed clearly out that a medical treatment comes naturally always with high danger, discretion and complication. Furthermore, the cure of the illness is not necessary. However, whether a physician has fault, still depends on whether he broke medical standards. It would be a pity that the relationship between clinical discretion and medical standard could not be clarified. In addition, even though the appeal from the plaintiff was rejected, it still took lots of time. Both the parties suffered from the lawsuit and it could cause serious conflicts between patients and physicians instead of harmony.