醫師臨床裁量權【醫事法學教室】 試閱
The Clinical Discretion Right of Doctors
依現行醫療法第82條規定與實務見解，即使個案中進行特定醫療行為有一定之救治機率，醫師如考量存在其他醫學上風險，以及就實施該醫療行為是否對於該疾病具有顯著性的效果為實質審認，縱然存在斟酌判斷空間，法院仍應尊重醫師臨床裁量權。
According to Article 82 of the Medical Care Act and practical interpretations, a substantial judgment is made by the doctor when they take into account additional medical risks and determine whether performing certain medical procedures has a major impact on the illness. This is true even if there is a reasonable probability of therapeutic benefit in performing specific medical procedures in a particular case. The physician’s clinical discretion should be respected by the court, even if there is room for some level of discretionary judgment.
087-091
