At the first sight I thought you could bring a cause of action under doctrine of res ipsa loquitur. On the second thought, however, there are some uncertainties and the case could go either way:
1. Did the doctor do any reasonable diagnose before giving you the medicines?
2. Maybe they thought it was not that bad to incur a surgery, or unless the situation worsen a surgery was unnecessary.
3. The key issue is that you can not prove that the hospital brought about the furtherance of the harm. Which means that, "要不也不可能穿孔", whose words is that? You need to get doctor's opinion that if the hospital could prevent the surgery in the first place by some reasonable care. If nonetheless the surgery is inevitable then it is hard to win the case. You need to prove the causation by "but-for" theory. But for their negligence you would not have had the surgery. Expert's opinion might be the key.
4. "如果那天我不自己去醫院,後果真的難以想象". Again, you need expert's opinion. But still, the harm was not there but just speculations.
5. Instead of suing malpratice, I would rather go with negligence infliction of emotional distress. Consult a lawyer on this.
1. Did the doctor do any reasonable diagnose before giving you the medicines?
2. Maybe they thought it was not that bad to incur a surgery, or unless the situation worsen a surgery was unnecessary.
3. The key issue is that you can not prove that the hospital brought about the furtherance of the harm. Which means that, "要不也不可能穿孔", whose words is that? You need to get doctor's opinion that if the hospital could prevent the surgery in the first place by some reasonable care. If nonetheless the surgery is inevitable then it is hard to win the case. You need to prove the causation by "but-for" theory. But for their negligence you would not have had the surgery. Expert's opinion might be the key.
4. "如果那天我不自己去醫院,後果真的難以想象". Again, you need expert's opinion. But still, the harm was not there but just speculations.
5. Instead of suing malpratice, I would rather go with negligence infliction of emotional distress. Consult a lawyer on this.
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