心導管支架與節律器併置案:論醫師親自診察義務的踐行及其現代意涵【學習式判解評析】 試閱
Simultaneous Implantation of Coronary Stent and Pacemaker: On the Fulfillment of Physician’s Duty to In-person Examinations and Modern
醫師法第11條第1項所明定之醫師親自診察義務,以維護醫療品質和病人福祉為其設計初衷,故當須以慎重的態度看待。然而,「親自」一詞是否意味著醫師僅能以當面接觸病人的方式來診察;又,是否只有循此方式始能避免誤判病人病情而造成錯誤治療等缺憾,在資通訊科技和醫療設備均有長足進步、且持續發展的今日,誠屬醫法交會領域中值得深思的議題之一。
The physician’s duty to conduct examinations in person as stipulated in Article 11, Paragraph 1 of the Physician Act is originally designed to maintain medical quality and patient well-being, so it must be viewed seriously. However, does the word “in person” mean that physicians can only diagnose patients through face-to-face contact? Also, is this the only way to avoid misdiagnosing the patient’s condition and causing mistreatment and other shortcomings? In today’s age where communication technology and medical equipment both have made significant progress, and are developing continuously, it is truly a topic worth pondering over at the intersection of the medical and legal fields.
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