篇名

非法執行醫療業務案:護理人員法第24條與密醫罪之關係【學習式判解評析】   免費試閱

並列篇名

A Case about Practicing Medical Treatments Illegally:The Relationship between Paragraph 24 Nursing Personnel Act and the Medical Fraud

作者
中文摘要

本案係醫師未親自為病患診療,即指示護理人員依病患先前看診之處方內容,為病患施打針劑,判決認為護理人員係未經醫師指示下為醫療輔助行為,與醫師共同涉犯涉醫師法第28條非法執行醫療業務罪。然依護理人員法第24條第2項規定,護理人員得在醫師指示下為醫療輔助行為,且依醫師法第28條但書第2款規定不罰,何以本案不符合此例外規定。本文將針對護理人員法第24條規定護理人員經醫師指示下為醫療輔助行為與醫師法第28條密醫罪之關係進行評析。

英文摘要

In the issued case, the physician, without giving any medical treatment personally, instructed the nursing personnel to inject the patient according to the prescription which was based on the former diagnosis. According to the judgment, the medical assistance made by the nursing personnel without any instruction form the physician, and what the physician had done were illegal medical practice according to paragraph 28 of Physicians Act jointly. However, the nursing personnel could come to medical assistance under an instruction from the physician according to the section 2 paragraph 24 of Nursing Personnel Act, and might be free from any punishment according to the condition of section 2 paragraph 28 of Physicians Act. This Essay would analyze and comment the relationship between the medical assistance made by the nursing personnel under the instruction from the physician according to paragraph 24 Nursing Personnel Act and the medical Fraud according to paragraph 28 Physicians Act, and explain why the here issued case doesn’t correspond with it.

起訖頁

084-101

出版單位
DOI

10.53106/241553062021110061006  複製DOI  DOI查詢

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