On Concurrence of Justification Excuse about Emergency Surgery Treatment

• Main Authors: Huang, Hsin Yi, 黃馨儀
• Other Authors: Cheng, Yat Che
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/25835935978845759125

碩士 === 國立臺北大學 === 法律學系一般生組 === 100 === This dissertation disscuss the “emergency surgery treatment” of medical behavior. Due to the scope of emergency surgery treatment is wide. Firstly, defining the “emergency injured patient ” and the “emergency surgery treatment” in chapter 2. For the reason the emergency surgery treatment is most involved the constitutive requirements of criminal law. Seperating this concept for three parts-- intention, negligence,Non-Interference particularizing at chpter3,4,5 will easier to know the concept of constitutive requirements and justification excuse possibility involved of the criminal law. In chpater3, disscuss that all the emegency surgery treament is “intended” and negligence is inexistent. Then using case study disscuss the justification excuses about the intended constitutive requirements such as: An act performed in accordance with law or order, A proper act performed in the course of business, An act performed by a person in defence of his own rights, For the third person avert imminent danger, The promise by the victim, Conjecturable promise by the victim. In chapter4, distinguishing the concept of “medical obligation” and “necessary medical obligation” and exampling the case about emergency surgery treatment with both “negligence constitutive requirement” and “aggravated result constitutive requirement ” In chapter5, defining the “suretyship” of Non-Interference emergerncy surgery treatment and continue using case study compare the constitutive requirement of “intended” medical treatment withhold. At last disscuss about the justification excuse within “obligation conflict” and “ the third person avert imminent danger”. Conclude all the researching in Chapter6, and suggest for the practice of medical litigation nowadays.