免費健檢未通知異常報告案：論健康檢查之醫療告知說明義務及告知方式【學習式判解評析】 試閱
Fail to Inform the Abnormal Finding of Complimentary Health Examination: On the Duty of Medical Information for the Health Examination and its Means
本件醫院引進64切面電腦斷層掃描儀，並免費為包含A在內之員工進行肺部健康檢查，該檢查發現A肺部有小於0.5公分之腫瘤。原告主張醫院及醫師未將該檢查結果告知，事後A就醫才發現已罹患肺腺癌，醫師及醫院已違反告知說明義務，使A喪失及早發現腫瘤之機會，致腫瘤擴散發展為肺腺癌第四期，並導致死亡結果，請求醫院及醫師連帶負損害賠償責任。高等法院判決醫院違反告知義務，並造成原告損害，應賠償原告。本文擬就該健康檢查之性質、告知說明義務及告知之方式，進行討論及評析。
The issued hospital introduced a 64 slices volume computed tomography scan, giving health examinations for the employee for free, including A. A was examined that he got a tumor in 0.5 centimeter, when he went to another doctor. The plaintiff complained that the hospital as well as the physician didn inform the result of the examination which lead A to lose chances to detect the tumor and it resulted in the lung adenocarcinoma in the 4th stage due to the metastasis of the tumor. His death was happed eventually. The plaintiff complained therefore the hospital for the liability to compensate the damage and the physician for the joint and several liability. The High Court judged that the hospital had broken the duty of information and caused the plaintiff the damage and it shall compensate it. The nature of the health examination, the duty of information and the means to inform would be the topics to be discussed and be analyzed in this essay.
092-109
