A Case about a Sexual Assault during the Hospitalization: The Duty of Protection in the Medical Contract
The essay presented here relates to an introduction and a short comment for the Civil definitive Judgment concerning to the appealed short case No. 1262 in 2018 in Taiwan High Court. According to the judgment, the hospital X didn do duty of protection which came from the medical contract for the patient A, leading to that the patient A suffered sexual assault from the patient B who hospitalized at the same hospital for three times, and causing damages of personal rights, such as body, health and virginity. The hospital X shall compensate the damages due to the non-performance of obligation. Concerning to the viewpoint of the contract system, a brief introduction for the duty of protection in the medical contract and a review on the related domestic reference would be presented.