頭部外傷急診留觀案：論醫療過失行為之經過觀察義務違反【學習式判解評析】 試閱
Observation of Head Injury in Emergency Station: On the Breach of Obligation of Observation for the Medical Negligence
關於醫療疏失，有所謂「經過觀察義務」，我國實務上較未提出檢討，日本近年經常將此種義務作為爭訟之標的。目前醫院護理因人力普遍不足，常會由看護員或家屬負責注意病人狀況，若病人發生病情惡化，何種情況下需由醫院方負責，即會成為問題。本文將介紹日本關於此義務之相關判決，並整理幾種醫院必須提高觀察監看強度之情況，否則即有可能違背經過觀察義務，以供參考。
There is a so-called “obligation of observation” in relation to medical negligence, which hasn’t been reviewed in juridical praxis in Taiwan, but has often been the issue of litigations in Japan in recent years. Currently, hospitals often face shortages in nursing staff, leading caregivers or family members to take on the responsibility of monitoring the patient’s condition. When his condition worsens, it would be questionable, under which circumstance the hospital should be held accountable for the deterioration in his health. This essay aims to present relevant judgments on this obligation in Japan and categorize various scenarios, in which hospitals muss intensify their monitoring and supervision efforts, as failing to do so could potentially breach the obligation of observation.
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