儿童无骨折脱位脊髓损伤致截瘫的因果关系及法律责任探析

Explorative Analysis on the Causality and Legal Responsibility of Children' Paraplegia Caused by Spinal Cord Injury without Radiological Abnormality

儿童练习舞蹈时,因下腰动作导致无骨折脱位脊髓损伤进而引发截瘫的案例呈逐年增多的趋势;这类案件赔偿数额较大,医学界及法医界对其没有统一的认识,因此在诉讼过程中往往存在较大争议。本文从法医学司法鉴定的角度出发,分析了无骨折脱位脊髓损伤与急性脊髓炎的鉴别诊断,探讨了无骨折脱位脊髓损伤引发截瘫的因果关系,从事实因果关系角度对参与度进行了评价,并分析了侵权责任人所应承担的法律责任问题。

When children practice bending over in dancing, it may occur spinal cord injury without fracture- dislocation （SCIWOFD,or spinal cord injury without radiographic abnormality,SCIWORA） which will lead to paraplegia. This kind of cases is increasing year by year, and could spark much controversy in lawsuit because of the huge compensation. And there are some different opinions between the forensic medicine and clinical medicine community. Starting from the perspective of forensic identification, this paper discusses the differential diagnosis of paraplegia caused by spinal cord injury without radiological abnormality and acute myelitis, explores the causality of the paraplegia caused by spinal cord injury without fracture-dislocation, makes some comment on the degree of involvement from the point of factual causality, and analyzes the legal responsibility of the infringers.