病理診斷錯誤不必然就是重大醫療瑕疵【寰宇醫事裁判】 試閱
The Fault of Diagnosis in Pathology is Not Necessarily the Gross Medical Defect
病患的丈夫與父親因病理科醫師對於病患皮膚異狀判斷錯誤,對其請求損害賠償;因本件不涉及重大醫療瑕疵,舉證責任仍由原告負擔。本件主治醫師與病理科醫師皆依正當醫療程序為病患進行診斷,縱使病理醫師於組織切片分析有所錯誤,也不因未徵求第二意見而為重大醫療瑕疵。
The patient’s husband and father complained of the pathologist’s miss diagnosis of the patient’s skin, and required a compensation for it. The plaintiffs had burden of proof, because there was no gross medical defect in this case. The physician and the pathologist have diagnosed the patient according to the medical standards. Even though the pathologist has had a fault during the diagnosing, it might not necessarily be regarded as gross medical defect only due to not seeking for a second opinion.
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