產檢疏失事例：導致產出唐氏症死亡胎兒【寰宇醫事裁判】 試閱
Negligent Prenatal examination: Baby Finally Died of Down Syndrome
本事件原告X1為產婦、X2為產婦之夫，對A婦產科診所之院長被告Y1及醫師被告Y2提出因違反注意義務而導致產出唐氏症胎兒並死亡的損害賠償訴訟。
原告X1為41歲之高齡產婦，其於平成23（2011）年間至被告之A診所接受產檢，並締結相關醫療契約。原告X1在懷孕13週時接受超音波檢查，發現胎兒後腦膨大，可能有先天性異常，隨後在院方建議下於懷孕17週時接受羊膜穿刺檢查。報告結果於檢查後3週出爐，被告醫師Y2在看過該報告後，做出錯誤解讀，其忽略該報告中表明胎兒具唐氏症之分析圖表，並對原告X1表示胎兒並無異常。
The plaintiffs were a woman and her husband. The woman was pregnant, and she took an amniocentesis test in week 17 of her pregnancy. The defendant was a physician who made a misinterpretation of the amniocentesis test report. He told the mother that there was nothing abnormal detected about the fetus. But 3 months after birth the infant died of " Transient Abnormal Myelopoiesis "(TAM), a complication associated with Down syndrome. The plaintiffs pressed charge against the doctor and the chief of OB-GYN clinic A and claimed for damage due to their breach of duty of care.
In the first instance the Hakodate District Court determined that there was no significant causal link between the defendant’s breach of duty of care and the Down syndrome baby’s death. However, considering the great mental pain the plaintiffs had suffered and the seriousness of the defendants’ negligence, the defendants should compensate the plaintiff 5 million yen for cost of an abortion that should have been performed and 500 thousand yen for a lawyer’s fee, a total of 5.5million yen, on the basis of medical contract non-performance.
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