篇名

【醫療民事法】臺灣高等法院高雄分院105年度醫上易字第3號判決評析──用藥過失責任之形成   免費試閱

並列篇名

Comment on Appealed Summary Judgement No. 3 in 2016 in Taiwan High Court Kaohsiung Branch: On the Responsibility of Medication Error

作者
中文摘要

高齡82歲的病人因痛風由醫師開立Allopurinol 治療,惟未進行基因檢測;嗣後另由他院醫師持續投以該藥治療,然疑因過敏而停藥。家屬遂主張醫師用藥有未注意藥物過敏之疏失,提起訴訟。本件法院明白指出醫療行為在本質上往往伴隨高度之危險性、裁量性及複雜性,且不當然以疾病成功治癒為其結果,然在醫師過失有無之判斷,似仍回歸於是否悖於醫療常規為準,未能進一步說明臨床裁量與醫療常規彼此間之關聯,甚為可惜。此外,本件原告上訴雖遭駁回,惟從事發到纏訟過程耗時良久,兩造均深陷訟累,誠不利醫病和睦,反致對立深化難解。

英文摘要

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.

起訖頁

054-068

出版單位
DOI

10.3966/241553062019020028005  複製DOI  DOI查詢

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