論民事過失之內涵、要件與標準——以積痰送醫案為例【醫事法學教室】 試閱
Case about Delivering to the Hospital Due to Accumulation of Phlegm: The Content, the Elements and the Standards of Civil Negligence
侵權行為之過失係指行為人雖非故意，但按其情節應注意，並能注意，而不注意；或對於構成侵權行為之事實，雖預見其能發生而確信其不發生者而言。一般侵權行為之注意義務程度應以善良管理人之注意為標準。本文擬介紹一則原告主張長照機構護理人員與陪病員違反注意義務而有過失，致生損害於住民而應負損害賠償責任之判決。本件爭點涉及民事過失之內涵、要件與標準，本文擬藉此判決探究之。
Negligence in Tort means that an agent, although not intentional, should paid attention to the circumstances and could have paid attention, but failed to do so; or that constituting the tort was foreseen to occur but was believed not to occur. The extent of the duty of care for general infringement should be based on the standard of care of a good administrator. In this paper, a case would be introduced, in which the plaintiff claimed that the nursing staff and the patient’s companions of a long-term care institution breached their duty of care and were negligent, causing damage to the resident and should be liable for it. The case which would be analyzed here involves the content, elements and the standards of civil negligence.
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