獸醫師延遲診斷子宮蓄膿症判賠【寰宇醫事裁判】 試閱
A Veterinarian was Awarded to Compensate for Delayed Diagnosis of Pyometra
原告X所有之A母犬，於生理期後出現頻尿、出血現象，惟被告獸醫師經超音波診斷，僅表明A之膀胱壁增厚，而未說明子宮與卵巢之狀況，嗣後被告開立口服藥物。服藥一段時間後，A出現嘔吐症狀，經他間動物醫院診斷為子宮蓄膿症與細菌性腹膜炎，雖緊急手術但A仍死亡。地方法院認為子宮蓄膿症為致命疾患，則有疑似病徵時應立即予以診斷與治療，方為一般醫療水準。惟A的超音波影像清楚可見圓形器官，極可能是蓄膿之子宮，被告卻未予以註記；A出血症狀雖非如典型的蓄膿病徵，惟其原因是A服用抗菌劑與抗生素；況且A膀胱炎經藥物治療後仍未改善，被告未考慮其他診斷的可能性。故而被告未進一步診斷與說明，法院認定被告違反診斷與說明之義務。
The plaintiff X’s female dog A experienced frequent urination and bleeding after her physiological period. The Veterinarian as the defendant diagnosed by ultrasound only indicated that A’s bladder wall was thickened, without explanation of the condition of the uterus and ovaries, and subsequently prescribed oral medication. After taking the medication for a period of time, A developed vomiting symptoms and was diagnosed by another animal hospital as pyometra and bacterial peritonitis. Despite emergency surgery, A died eventually. The district court held that the pyometra is a fatal disease and that it would be the medical standard to diagnose and treat it immediately when discovering suspected symptoms. A’s ultrasound image showed clearly a round organ, which was most likely an abscessed uterus, but the defendant didn’t note it. Although A’s hemorrhagic symptoms were not the typical suppuration, they were cause by A’s use of antibacterial agents and antibiotics. Besides, A’s cystitis didn’t improve after medication. The defendant didn’t consider other diagnostic possibilities nor have any further diagnosis nor explanation. The court held therefore that the defendant breached the duty to diagnose and disclosure.
110-114
