The study of Civil Compensation of Medical Malpractice (Focusing Obstetrician Civil Compensation Responsibility Out of Brachial Plexus Palsy)

• Main Authors: Keng-chen YEN, 嚴庚辰
• Other Authors: Kuo-Hua Chjang
• Format: Others
• Language: zh-TW
• Published: 2008
• Online Access: http://ndltd.ncl.edu.tw/handle/54q95p

碩士 === 國立雲林科技大學 === 科技法律研究所 === 96 === Medical malpractices in Taiwan are increasing from day to day, and it is often having lawsuit between obstetrician and patience. In obstetric operation, the probability of resulting in brachial plexus palsy is nine out of one thousand, but after checking up Taiwanese judicial cases from 1998 to 2006, there are only eight ones relating to brachial plexus palsy, and merely two judgements finding that obstetricians are liable for the injuries for the reason that brachial plexus palsy is a kind of obstetric acute disease which cannot predict by ant dangerfactor. According to present medical technology level, it is impossible to preestimate fetal weight by using supersound. Besides, it is obstetrician’s professional judgement to choose natural childbirth or caesarian operation. If an obstetrician do not accept a lying-in woman’s ask to do caesarian operation or inform her the existence of dangerfactor, still it is difficult to say that the obstetrician is liable for brachial plexus palsy. But the parturient argued she has diabetes, and the inaccuracy of obstetrician to preestimate fetal weight by using supersound is too much. According to medical rule, maternity diabetes and fetal over weight are two dangerfactors of brachial plexus palsy. when an obstetrician found the existence of dangerfactors, then the obstetrician has an obligation to inform the parturient and offer her a chance to choose caesarian operation. If the obstetrician remain silence, then he (or she) will constitute the breach of contract and liable for the compensation of maternity injuries. It is maternity human dignity right to decide how to give birth to a child. While an obstetrician do not obey a parturient’s decision, that means the obstetrician is infringing her human dignity right. In this case, the parturient can ask the obstetrician for proprietary or nonproprietary compensation. Japanese judicial judgement once approbated a parturient and her husband’s self-decision how to give birth to a child. An obstetrician has an obligation to inform the parturient and her husband and offer them a chance to choose caesarian operation. If the obstetrician remain silence, then he will constitute the breach of contract and liable for the compensation of maternity injuries. Japanese judicial judgement deserves Taiwanese attention.