掛名負責醫師與密醫連帶賠償案:掛名負責醫師與密醫【學習式判解評析】 試閱
Joint Liability between Nominally Supervising Physician and Quacksalver: Nominally Supervising Physician and Quacksalver
本件為病人接受復健治療因密醫過失致死事件,而該診所登記之負責醫師只是掛名,實際經營者為該名密醫,訴訟審理期間密醫與病方達成和解。本文就本件所涉之密醫過失判斷基準、掛名負責醫師與實際經營者之對外與對內關係,以及連帶債務人中之一人和解時,對他債務人之效力等三議題進行評析。
A victim who expired due to the malpractice of a quacksalver, who hired a nominally supervising physician and reached an settlement with the plaintiff during litigation process. This article comments on the criteria of negligence of quacksalver, the liability of nominally supervising physician and the person who actually in charge, and the effect to other debtors of of a joint-obligation when a settlement was made between the creditor and one of the debtors.
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