醫療、法律與地方社會：民國時期「劉梁醫訟案」再探

Medical Treatment, Law and Local Society: A Re-exmination of the “Liu Liang Medical Case” in the Republic of China

「劉梁醫訟案」是近代著名的醫事糾紛案。1929年7月，劉勵清夫婦將幼子劉宣德先後送往湘雅醫學院和秋明醫院診治，不料服罷梁鴻訓醫師所開安替疋林，不出一日便氣絕身亡，由是釀成近六年之久的法律訴訟。大體上本案經歷了從民間調解到社會輿論，從刑事訴訟轉向民事訴訟，其中既有病家與醫家之間的纏訴，也有多方力量圍繞鑒定書製作權和話語權的爭奪。從這個意義上來說，醫事糾紛本身不是一個靜態的二元對立概念，而是醫學化、司法化、社會化、在地化等諸多歷史進程相互疊加纏繞的結果。「劉梁醫訟案」凸顯了近代醫事糾紛的結構性與層次性，折射出民國時期地方醫療生態的多維性。 The “Liu Liang medical case” refers to a famous dispute in modern Chinese history. In July 1929, Mr. and Mrs. Liu Liqing had sent their young son, Liu Xuande, to Xiangya Hospital and Qiu Ming Hospital for diagnosis and treatment. Unexpectedly, after he used Antipyrine given him by the physician Liang Hongxun, Xuande died within a day. This led to nearly six years of legal proceedings. Broadly speaking, the case evolved from civil mediation to public opinion, and from criminal proceedings to civil proceedings. Throughout this process, not only did the family of the deceased boy and the doctor constantly accuse and litigate against each other, but also many forces emerged around the identification of the right to this discourse of contention. In that sense, the medical dispute itself was not a static site of binary opposition. Rather, it was the result of the overlapping and entanglement of many historical processes, such as medicalization, judicialization, socialization and localization. The “Liu Liang medical case” highlights the structure and hierarchy of medical disputes in modern China, reflecting the multi-dimensional nature of the historical local medical ecology of the Republic of China.