Emergency Medicine and Medical Malpractice Litigation

DOI 9 References
  • Kiuchi Atsuko
    <I>Department of Anesthesia, Osaka Seamen's Insurance Hospital</I>
  • Sakaue Gaku
    <I>Department of Anesthesia, Osaka Seamen's Insurance Hospital</I>
  • Abe Tsuyoshi
    <I>Department of Anesthesia, Osaka Seamen's Insurance Hospital</I>
  • Okamoto Yasunori
    <I>Department of Anesthesia, Osaka Seamen's Insurance Hospital</I>
  • Nosaka Shuichi
    <I>Shiga University of Medical Science</I>

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  • 救急医療と医療訴訟

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Abstract

We investigated 35 judicial precedents in the emergency/resuscitation field that had been published in legal journals between 1989 and 2000. Among endogenous disorders, the proportion of patients with acute exacerbation of asthma was highest and 50% of the patients in any disorders died within 24 hours. On the other hand, traffic accident-related injury was most common among exogenous disorders. With respect to endogenous disorders, the kind of disorder was limited, and the number of litigation regarding inadequate treatment was large, and 50% of them were lost. With respect to exogenous disorders the number of lawsuits regarding inadequate diagnosis and consultation was the largest, and 50% of them were lost. When there was a fault on the medical side, compensation money was awarded even when there was no probability of its causal relationship to outcome such as death, and the medical side lost some cases. In emergency practice, the medical systems including the hospital′system may be important.

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