篇名

婦產科減胎手術之醫療糾紛   免費試閱

並列篇名

On the Medical Litigation about the Multifetal Pregnancies Reduction

作者
中文摘要

原告X於2015年6月確認懷有五胞胎,於A醫院接受被告Y醫師施行減胎手術。由於第一次減胎手術僅減少一胎,直至第二次減胎手術方減少二胎,餘留二胎。隨後原告X轉至B診所檢查,發現該二胎兒均有缺陷;後因羊水減少而於C診所接受人工流產。原告X主張,Y醫師就術式選擇、施行過程等均有過失而提告。大阪地方法院認為,因第二次減胎手術較為困難,Y醫師穿刺次數多並不代表有過失,且無證據證明因穿刺而使羊水減少或傷及胎兒。此外,術式的選擇與進行,並未違反醫學常理。綜觀X之生理情況,Y醫師並未怠於感染管控與及時轉診,且多胞胎數量不易掌握,因此亦未違反說明義務。故法院駁回原告之請求。

英文摘要

The plaintiff X had been confirmed that she got five fetal pregnancies in June 2015 and took the multifetal pregnancies reduction by the physician Y in the hospital A. One fetus had been reduced in the first time and another two fetuses in the second time. Two fetuses remained consequently. X was transferred to the hospital B for an examination after that and it was discovered that both of the remained fetuses were defective. X got abortions due to oligohydramnios in the hospital C. X filed a litigation and claimed that the physician Y had negligence on surgery selections as well as operations. The Oosaka District Court held that it didn equal to a negligence that Y had done amniocentesis for many times because the multifetal pregnancies reduction in the second time was more difficult. Furthermore there was no proof for that the amniocentesis caused the oligohydramnios nor the damage of the fetuses. Besides the selection of the surgeries and its operations didn break the medical principles. Making a comprehensive survey on X physiological condition, Y didn neglect the control of the infection but transferred her in time; it was difficult to deal with multi-fetuses. Therefore Y didn break the duty of disclosure. The Court rejected the claim from the plaintiff in the end.

起訖頁

109-116

出版單位
DOI

10.3966/241553062021040054009  複製DOI  DOI查詢

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