A Case for X-Ray Reading: On the Basis for judging Physician’s Duty of Care in Diagnostic Behavior
This essay is an analysis on the basis of the Appeal Medical Civil Judgement No. 6 of Taiwan High Court in 2019, in which a physician’s failure to correctly diagnose a patient with lung cancer doesn’t constitute negligence. After the physician C ordered a chest radiograph for the patient, he couldn’t interpretate and diagnose that the patient was suffered from the lung cancer. However, there were different interpretations of the X-ray results according to the expert opinion and the testimony of the expert who was a thoracic physician from another hospital. Moreover, the physician C’s interpretation of the results of X-ray could depend on the medical environments and equipment, the availability of information about the patient’s condition, and other factors. As to the former mentioned part, according to the judgment, it is therefore difficult to find that C, a thoracic physician at the hospital U, failed to exercise the necessary medical care in the interpretation and diagnosis of the X-ray results and violated medical routine.