Former Taipei Medical University Hospital Physician Sentenced to 1 Year and 4 Months for Negligent Homicide Following Da Vinci Surgery Case

A former gynecologist at Taipei Medical University Hospital, Dr. Liu Wei-min, was sentenced to one year and four months in prison by the Taipei District Court for professional negligence leading to a patient's death. The court concluded that the use of Da Vinci robotic-assisted surgery for the patient's recurrent ovarian cancer violated standard medical practices.

The case dates back to 2012, when a patient identified as Ms. He was diagnosed with left ovarian cancer. Dr. Liu performed the first Da Vinci procedure in December 2012. Following a cancer recurrence in July 2015, a second Da Vinci surgery was performed. Ms. He eventually passed away in May 2016 due to cancer metastasis.

During the trial, Dr. Liu denied any wrongdoing, asserting that his surgical approach was based on international medical literature and that he had acted in good faith. However, based on expert reports from the Ministry of Health and Welfare's Medical Review Committee, the court found that the recurrent tumor required conventional open surgery to ensure maximum clearance, which is critical for chemotherapy efficacy and survival rates. The committee noted that failing to clear tumors larger than 1cm significantly reduces the three-year survival rate.

The court determined that while the first surgery did not directly cause the death, the second surgery constituted a violation of standard medical practice and exceeded reasonable clinical discretion. The court emphasized that a physician's duty is to treat patients with empathy and diligence, and that Dr. Liu’s choice of an unconventional surgical method for a recurrent case bore a causal relationship to the patient’s death. The judgment remains subject to appeal.