篇名

罕病孕婦因藥物副作用猝死判賠【寰宇醫事裁判】   免費試閱

並列篇名

Being Sentenced to Compensate for a Pregnant Woman with Rare Disease who Died Suddenly Due to Side-Effects of Taking Medicine

中文摘要

原告A患有罕見疾病,服用Soliris藥物治療。該藥物副作用乃極易誘發腦膜炎菌感染,若懷疑有感染情況則必須立即診察以及投與抗生素。A於懷孕期間服用Soliris,而無副作用出現;惟A產後出現Soliris副作用症狀,經電話聯絡助產士與X醫師,僅判斷為乳腺炎。嗣後A副作用症狀趨嚴而送往急診,經Y醫師診察雖懷疑有腦膜炎菌感染,然因A之WBC值與PLT值仍正常,故未即時投與抗生素治療。最終A因感染與併發症死亡。Soliris說明書已載明若懷疑感染情況即應投與抗生素,被告Y醫師雖主張「懷疑有感染的情況」應為「積極或強烈之懷疑」,但法院認為以一般人對文字的理解,應解釋為「無法否定可能有感染的情況」較為合理。因此,Y醫師如有立即投與抗生素,即得避免腦膜炎,故法院判決被告敗訴。

英文摘要

The plaintiff A suffered from a rare disease and needed to take Soliris as the medical treatment. As a side effect, it caused meningitis easily. With suspicion of infecting, it should be diagnosed and give antibiotics. During the pregnancy, A took Soliris without side effect. But she got it after giving birth. After contacting with a maternity assistant and the physician X per phone, she was diagnosed with acute mastitis. Then A was sent to emergency because the side effect had gotten worse. After the diagnosis of the physician Y, meningitis was suspected, but the white blood cell rate (WBC rate) and the blood platelet rate (PLT rate) were still so normal that the antibiotics wasn’t be given. Eventually died A because of the infection and complications. According to the instruction of Solirs, antibiotics should be given under the situation of a suspected infection. Even the physician Y as the accused claimed that the situation of a suspected infection should be an active or strong suspicion. But the court found it might be more reasonable, that it, according to the textual realization of common people, should be that a possible situation of infection couldn’t be excluded. Therefore, if Y gave antibiotics immediately, the meningitis could be avoided and the Accused lost the litigation consequently.

起訖頁

086-092

出版單位
DOI

10.53106/241553062021090059006  複製DOI  DOI查詢

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