肝生檢與醫師注意義務之違反 【寰宇醫事裁判】 試閱
Liver Biopsy and the Breaking the Duty of Care by the Physician
61歲的女性患者於被告開設之醫院接受超音波肝生檢,因採檢醫師之失誤刺穿其肺部,導致患者發生腦空氣栓塞,留下其左側肢體偏癱之後遺症。法院於本件採信護理師作成之護理紀錄,並認為採檢醫師未考慮到該患者A係極度肥胖體型,先前患者的肝臟硬度測定既因其皮下脂肪層太厚而中止,卻仍在超音波畫面無法清楚辨識其肺部等臟器的情況下即貿然進行採檢,以致最終失誤刺穿其肺部而有注意義務之違反,該過失與患者之後遺症間存在因果關係。
A 61-year-old female patient had taken a liver biopsy at the hospital run by the accused. Because the physician having the inspection had pierced her lung negligently, her got the air embolism in her brain and sequela like hemiplegia of her left body. Adopting the nursing record made by the nurse, the court believed that the physician didn’t take the body shape of the plaintiff A which was severe obesity into consideration and had inspection hastily without clearly identifying the situation of the lungs or the other organs on the ultrasonic screen. Besides, an elastography was stopped because of too dick subcutaneous layer of fat. In the end, the physician pierced the lungs and broke the duty of care. between the sequela and the negligence as such there had a causality as confirmed.
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