A MEDICO-LEGAL STUDY ON THE PREVENTION OF MEDICAL MALPRACTICE AND CIVIL SUITS

OKABE Maki, SATO Keizo, FUJISHIRO Masaya, NITTONO Susumu, KATO Rei, ISHIZU Mieko, OBUCHI Ritsuko, FUKUCHI Urara, OMIYA Shinya, LEE Xiao-Pen, KUSHIMA Miki

doi:10.14930/jshowaunivsoc.74.190

Bibliographic Information

Other Title

医療過誤・医療訴訟の防止に向けての法医学的検討
医療過誤・医療訴訟の防止に向けての法医学的検討 : 判例と医療関連死解剖例の分析をもとに
イリョウカゴ・イリョウソショウノボウシニムケテノホウイガクテキケントウ : ハンレイトイリョウカンレンシカイボウレイノブンセキオモトニ
—Based on Analyses of Judicial Precedents and Forensic Autopsies for Medical Accidents—
—判例と医療関連死解剖例の分析をもとに—

Search this article

Abstract

To date there are no reports discussing the means by which to prevent the occurrence of medical malpractice based on analyses of both judicial precedents and forensic autopsies for medical accidents. We studied what kind of malpractice punished a doctor and/or nurse for professional negligence resulting in death by analyzing not only judicial precedents but also legally-ordered autopsies for medical accidents. In addition, we evaluated the civil liabilities of the doctor and/or nurse by analyzing both subjects. Furthermore, we studied how to prevent the occurrence of medical malpractice based on the analyses. From the analysis of judicial precedents, the following points were judged to be important for the prevention of the occurrence of malpractice. A rejection of medical examination does not cause criminal liabilities to the doctor but may bring compensation to him. Medical malpractice often occurs when the cooperation between a doctor and nursing staff is inadequate to treat patients. Serious malpractice can render punishment on the chairman in the department as well as the doctor in change of the case and the doctor of the team leader. Based on the results from the autopsy cases various warnings are summarized below. A doctor must examine a patient before instructing a nurse to inject a patient with an analgesic. A doctor must always consider that a patient can take a sudden turn for the worse. A doctor should make urgent and noninvasive examinations first and must not perform unnecessary treatment which can cause an unexpected complication resulting in death. The results proved the most important point to be that a doctor and nursing staff maintain sufficient cooperation between them and treat each patient sincerely and honestly.

Journal

Journal of The Showa University Society

Journal of The Showa University Society 74 (2), 190-210, 2014

The Showa University Society

Keywords

Details 詳細情報について

Export