與有過失及醫療過失責任【醫事法學教室】 試閱
Mutual Negligence and Obligation of medical Negligence
病患因車禍重傷，經送醫救治仍告不治，醫院急救小組有延誤診斷及治療之疏失，應視醫方與車禍肇事者導致病患傷害範圍論斷其賠償責任。且就醫方與車禍肇事者應負同一損害，無論二者是否基於同一法律關係負責，似應得適用或類推適用連帶債務關於內部求償之規定。
If an emergency team of a hospital was negligent in delaying the diagnosis and treatment of the patient which was injured in a car accident seriously and was sent to there for the treatment but still died, the obligation of the compensation shall depend on the extent of the injury caused by the physicians and the perpetrator of the car accident. Additionally, in respect of that the physician and the perpetrator of the car accident should bear the same damage, regardless whether they were responsible based on the same legal relationship, it seems to be applicable or analogous to the provisions on the internal claims for the joint and several debts.
113-117
