病人失蹤案:護理過失【醫事法學教室】 試閱
The Patient Missing Case: The Negligence of the Nursing Stuff
護理人員照顧病人,若遇病人失蹤之情形,應立即尋找病人並向醫院報告,以利病人之尋找。本文介紹一則「護理人員發現病人失蹤,卻未立即尋找病人,亦未立即向醫院報告,因其違反注意義務而有過失,遂成立業務過失傷害罪」之刑事判決。本件之爭點涉及刑法第14條規定刑事過失之法律概念,本文擬藉此判決探究之。
The nursing stuff should take care of patients. If a patient is missing, the nursing stuff should find him immediately and report to the hospital in favor of finding him. A criminal judgment would be introduced in the essay in hand that the nursing stuff found a patient missing but didn’t find him immediately nor reported to the hospital. The issued nursing stuff was sentenced to negligent injury due to malpractice because of the negligence which arisen from breaking duty of care. The legal issue in the judgment which would be discussed in the essay in hand is about the concept of the negligence according to paragraph 14 Criminal Law Code.
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