侵害醫師名譽權案：是「橫看成嶺側成峰」抑或是「本來無一物，何處塵埃」？【學習式判解評析】 試閱
A Case about Infringing a Physician's Right of Reputation: Is It “Viewed Horizontally as a Ridge and as a Side as a Peak” or “ There Is Nothing, Where Is the Dust” ?
上訴人至被上訴人經營之醫美診所購買雷射除毛療程，因術後有紅腫情形，賠償協商又未果，上訴人除提起醫療訴訟案件外，另在臉書個人帳號張貼指摘被上訴人「把我女兒除毛燙傷至今不負責任」、「還跟我打官司」、「不退費，更不給醫療補償，已經快1年了」、「別讓有人再騙」等語，被上訴人進而提起侵害名譽權訴訟案件，惟醫療訴訟案件與侵害名譽權訴訟案件二審均廢棄原判決而改判，本文除分析個別判決判決理由外，並評析案件的勝負結果對雙方的影響。
The appellant went to the aesthetic clinic operated by the appellee to purchase laser hair removal treatment. There were redness and swelling after the operation, and a negotiation for compensation was failed. The appellant filed a medical malpractice case as well as made several posts on her Facebook personal account. The posts accused the appellee of “being irresponsible for shaving and scalding my daughter,” “still suing me,” “no refund, let alone medical compensation, it has been almost a year,” “don’t let anyone lie again” and so on. The appellee therefore filed a lawsuit for infringement of her reputation. However, the second instance of the judgments of both medical malpractice and reputation infringement litigation were reversed. This article, in addition to analyzing the reasons for each judgment, analyzes the impact of the cases outcomes on both parties.
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