醫院照顧服務員照顧過失之法律責任

Legal Liability for Negligence: Nurse Aides Working in Hospitals

照顧服務員（照服員）是最重要的直接照顧人力，亦是不可或缺的照顧人力，住院病人須日常生活照顧者，大都聘請照服員協助照顧，照顧工作有一定的風險存在，一旦照顧疏失造成病人傷害，甚至危及生命，就可能出現法律訴訟風險。為協助照服員了解照顧上之注意義務，本文淺介照顧風險與預防概念，並分析三例因照顧疏失之民事訴訟，說明照服員於照顧病人過程欠缺注意義務。藉由案例分析照顧疏忽原因、過失樣態，針對醫院、照顧管理公司及照服員提出預防策略，以落實事前預防管理，與實踐自律。再者，藉由政府部門外部他律機制（例如查核、督導、評鑑），強化醫院監督責任、健全管理公司的制度、照服員善盡照顧責任與道德倫理規範的養成，並內化為個人信念，作為照顧信條和行為準則，希冀照服員掌握及克盡照顧上之注意義務，避免因過失而致人於死或傷害之憾事發生，以保障病人之權益。

Nurse aides are the most important direct-care providers and are indispensable in caring for hospitalized patients. Most of the hospitalized patients who need care in their daily lives hire nurse aides as regular caregivers. Care work involves numerous risks, and negligent care that results in patient injury may put a nurse aid caregiver at risk of litigation. To help nurse aides better understand their care duties, the concept of risk and prevention in care and three civil lawsuit cases involving negligence in care are presented in this paper. In the legal cases, the nurse aides were found guilty of causing death or injury due to negligence, highlighting that these caregivers did not meet their duty of care in providing care to their patients. These cases are used to analyze the causes of care negligence and the types of negligence and to propose preventive strategies for hospitals, care providers, and nurse aides to implement preventive measures and enforce self-autonomy. In addition, regular government programs focused on inspection, supervision, and accreditation can strengthen the supervision and responsibilities of hospitals. Nurse aides are expected to fulfill their care duties and develop ethical norms as well as internalize these into their personal beliefs as the framework for providing care. It is hoped that nurse aides will understand and fulfill their care duties to prevent patient injury or death due to negligence as part of their duty to protect patient rights.