侵害醫師名譽權案：針對診所醫療行為所為網路貼文之法律責任【學習式判解評析】 試閱
A Case about Infringing a Physician's Right of Reputation: Legal Liability for Internet Postings Made by a Medical Clinic
本案事實為未成年患者接受醫美診所之雷射療程後出現紅腫之症狀，患者之母在其臉書個人專頁發表「不負責任」、「態度差」、「不退費、不給醫療補償」、「別讓有人再騙」等貼文內容，指摘該診所術後處置不當，該診所認其名譽受損，此時發布上開貼文內容之人是否應負侵權行為損害賠償責任？責任範圍為何？本文將擇名譽權侵害要件及法律效果之議題進行評析。
The facts in this case are that, because the minor patient, after receiving a laser treatment from the clinic, developed redness and swelling, the patient’s mother posted comments on her Facebook page, like “irresponsible,” “poor attitude,” “no refund, no medical compensation,” “don’t let anyone be cheated again,” ect., accusing the clinic of improper postoperative treatment. The clinic believed that it’s reputation has been tarnished. Should the person who posted the above comments be liable for the damage of trot? What would be the scope of the liability? The elements as well as the legal effects of the issued trot regarding the right of reputation would be the topics to discuss in this essay.
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