التفاصيل البيبلوغرافية
| العنوان: |
針劑接續輸注案: 論團隊醫療行為 監督過失與信賴原則. (Chinese) |
| Alternate Title: |
Successive Infusion of Parenteral Drugs: Negligent Supervision of Treatments of a Medical Team and Principle of Reliance. (English) |
| المؤلفون: |
呂寧莉 |
| المصدر: |
Angle Health Law Review; Dec2024, Issue 98, p90-105, 16p |
| Abstract (English): |
The issued case has undergone 8 trials and the verdicts have been diverse. Some have held that the liability rests solely with the physician, some with the nurse, some with both, and some have held that neither is liable. Accordingly, this essay is divided into two levels of analysis. The first level concerns the question of who should bear the burden of proof regarding the causality between the medical treatments and the patient's injury. A criterium for reversing the burden of proof to the defendant, i.e. the physician and the nurse, would be held in this essay. The second level of analysis concerns the allocation of the burden of proof between these two parties. This entails determining whether the physician or the nurse could rely on the other due to the professional division of labor to relieve him of her of responsibility. This essay presents several Japanese judgments related to the principle of reliance for the physician as well as the nurse, in order to identify the judging approach and to review the situation of the issued case. [ABSTRACT FROM AUTHOR] |
| Abstract (Chinese): |
本案歷經8次審理, 判決結果相當歧異, 有認為僅需 醫師負責、有認為護理師負責, 或有認為均要負責, 但也有認為均不負責。故本文分為二層次檢討, 一是 分析醫療行為與病人損傷間因果關係之舉證責任應由 何方負擔, 本文將提供舉證責任倒置予被告（即醫護 方）之判定標準。第二層次則是判斷醫護雙方責任應 如何分配, 亦即醫護可否主張信賴對方之專業分工而 免除己方責任的問題。本文列舉數件與醫護信賴原則 有關之日本判決, 試圖找出其判斷方法, 並檢討本案 情. [ABSTRACT FROM AUTHOR] |
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| قاعدة البيانات: |
Complementary Index |