【醫療民、刑事法】舟狀骨骨折誤診案：中西醫學之交錯【學習式判解評析】 試閱
The Interaction of the Chinese and the Western Medical Science: The Case of a Misdiagnosis of the Fracture of Scaphoid
本案原告因車禍造成右腿受傷，送往被告醫院急診，由取得醫師證書僅3個月餘之住院醫師診治，雖針對右足踝拍攝X光片，但未診斷出有右足舟狀骨骨折。嗣原告至同院中醫傷科，先後由兩位被告中醫師，於不知原告有骨折之診斷下，以傷科手法及外敷膏藥治療共3個多月，後始由他院醫師診斷為右足舟狀骨陳舊性骨折併癒合不良。原告就業務過失傷害罪提起自訴並附帶民事求償。兩位評論作者即針對醫師的年資能力與組織醫療責任、中醫師之X光判讀權限及轉診義務、結果預見可能與會診轉診義務、團隊醫療與信賴原則及其限制等議題提出探討。
Getting injuries on his right leg, being sent into the emergency room in the hospital, the plaintiff in this case was treat by a R1 which got the certificate only for 3 months. Even though the R1 took an X-Ray for his right leg, he still didn’t diagnose the fracture of scaphoid on the right leg. After going to the department of Chinese Medicine and taking treatments by 2 Chinese medicine practitioners as the accused. Without knowing the fracture of scaphoid, they treated the plaintiff traumatologic diagnosis and ointments for more than 3 months. The plaintiff was diagnosed with the old fracture of scaphoid with bad union by the other physician in another hospital in the end. The plaintiff complained therefore the 2 Chinese medicine practitioners about the injury of vocational negligence and the civil compensation. The 2 authors would like to discuss many topics in this case, like the seniority and the capacity of the physician, the responsibility of medical organization, the authority of judging the X-Ray by the Chinese medicine practitioner and the duty of referral, the possibility of the consequent-foreseeing and the duty of the consultation and the referral, team medical, the legitimate expectation and its limitation.
061-090
