篇名

【醫療刑事法】美容醫師坐牢案:美容醫療過失之民刑事訴訟兼論醫師入監服刑   免費試閱

並列篇名

Case of a Cosmetic Surgeon Was Sentenced in Prison: Litigations of Cosmetic Medical Negligence and Also Centered on Doctors in Prison in Taiwan

作者
中文摘要

甲醫師為被害人乙在施以異丙酚靜脈注射麻醉下進行抽脂手術,並於手術後令其自行搭乘計程車返家,惟乙復於家中因喘不過氣、全身冰冷而自行撥打119求救,救護人員雖將乙送往B醫院急救,仍因搶救無效而死亡。本件經檢察官不起訴後,告訴人再向法院聲請交付審判。經法院三審判決甲醫師犯業務過失致人於死罪,處有期徒刑兩年定讞,且未予以緩刑。本件被害人乙之致病原因,醫事審議委員會及法醫皆無法確定;又不同致病原因之急救方式是否不同?是否得以避免病人之死亡?在美容醫療事故糾紛增多的今日,法院對美容醫療訴訟如何判決?法院心證之抽脂手術醫療常規及其注意義務為何?甲醫師是臺灣近10年來第二位因醫療過失罪入監服刑醫師。臺灣醫師入監服刑很少嗎?相較於日本之情形又是如何呢?

英文摘要

Patient B received liposuction under propofol intravenous general anesthesia. Dyspnea occurred after he left the clinic. He was sent to a hospital but died in a few hours. Autopsy was performed and showed severe pulmonary edema without occlusion of the coronary arteries nor fat emboli found in the pulmonary arteries. Some fibrosis was found in the conduction system of the heart. Testimony of medical expert could not confirm the cause of the pulmonary edema. The doctor who performed the liposuction was sentenced to be guilty without probation. After literatures review, a very rare allergic reaction to propofol might be the etiology. Only 3 cases were reported in Taiwan. Is postoperative pulmonary edema foreseeable and avoidable? What is the standard of care in liposuction surgeries or cosmetic surgeries? The judgments of the litigations of malpractice of the 14 cosmetic surgeons were reviewed. Seven surgeons were sentenced to be guilty. There were 10 physicians sentenced in prison due to medical malpractice from 1981 to 2004 and another 3 physicians in recent 10 years. Comparison of the guilty physician in prison between Taiwan and Japan is also presented.

起訖頁

086-109

出版單位
DOI

10.3966/241553062019120038006  複製DOI  DOI查詢

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