從心導管燒灼術案談醫師注意義務【寰宇醫事裁判】 試閱
Doctor's Duty of Care Viewed from a Radiofrequency Catheter Ablation
本件醫師為患者實施心導管燒灼術，術後患者併發腦梗塞。一審法院認為施術醫師並未忽視患者有血栓形成之疏失，惟二審法院指出即使只是懷疑有血栓存在，亦應避免實施心導管燒灼術，並採用多名醫師鑑定結果，基於醫學知識進行判定，認為本件腦梗塞的發生極有可能係因存在於左心耳的血栓在施術過程中之移動而造成，被告醫院有注意義務之違反，須賠償共79,010,771日圓。
A physician had performed a patient a radiofrequency catheter ablation as a surgical operation, but the latter had a cerebral infarction as a complication. the judge in the first instance confirmed that the physician had medical malpractice but without any ignorance of thrombosis of the patient. However, the judge in the second instance had another opinion that a radiofrequency catheter ablation should be avoided, if there was only a suspect of a thrombosis. Besides, medical assessments based on opinions by several physicians which indicated that the cerebral infarction could mostly be caused by a movement of thrombosis in the left auricle during the surgery. The hospital as the accused had broken due diligence consequently, and must compensate totally 79,010,771 Japanese Yen.
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