篇名

鴉片中毒案:新興醫療領域司法實務的再認識與再深化【學習式判解評析】   免費試閱

並列篇名

The Case of Poisoning of Opium: Re-Recognition and Re-Deepening of Judicial Practice about Newly Developed Medical Filed

作者
中文摘要

本件為癌症末期病人因自然衰竭而亡,但急診室病歷記載鴉片中毒等字眼,而致病人兒子遭其兄弟控有殺人罪嫌,爾後病人歷經大體解剖,遭其兄弟提告之兒子心痛自責至極,遂向法院提起訴訟,認醫院與醫師診斷錯誤與病歷誤載之事實,導致其父親遭解剖,自己遭家人議論名譽權受損,要求損害賠償。本件雖情節單純且判決無明顯可見瑕疵,但判決結果卻無法撫慰此案件內數位家屬經此歷程後心中永遠難以放下的傷痛。從高齡社會追求尊嚴善終的理想回顧此案,本文提出新興醫療專科領域意見於醫療案件之導入、預防法學概念於安寧緩和照護領域的再深化、司法相驗的再省思、法庭的人性等面向之討論,盼能將醫療場域中不幸未被善待的失落與傷痛,能藉由最後一道司法防線,柔軟承接,且避免二度傷害。

英文摘要

This case is a terminal cancer patient with natural dying process, but his emergency room medical records recorded words such as opium poisoning. One of his sons was accused as a murderer by another son. After the patient underwent autopsy, the son who was sued by his brother was heartbroken and blamed himself. Therefore, he accused the hospital and doctors that his identity interest and personality right are infringed because of misdiagnosis and misrepresented the medical records. Although the case was simple and the verdict had no obvious flaws, the verdict could not soothe the suffering that the family members experienced. Reviewing this case from the perspective of pursuing a dignified death in an aging society, this article proposes the importance of consulting the medical expertise in new medical field, the implementation of preventive law in the field of palliative care, the rethinking of judicial postmortem examination, and the humanity of the court. We hope that the loss and suffering that unfortunately has not been treated well in the medical scene can be softly undertaken through the last line of judicial defense, and the second time of harm can be avoided.

起訖頁

062-070

出版單位
DOI

10.53106/241553062022050067005  複製DOI  DOI查詢

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