The Litigation Background Influencing the Time Until Resolution of Medical Litigation Filed in Chiba District Court of Japan: How Can Time-Consuming Medical Disputes be Resolved Early?

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  • HIRAGA Hideaki
    Department of Pharmaceutical Law and Related Law, Faculty of Pharmaceutical Sciences, Toho University, Japan
  • AKIMOTO Yoshio
    Medi-Quality Security Institute, Graduate School of Medical Sciences, Kanazawa University, Japan
  • UEKUSA Shuusuke
    Department of Clinical Pharmacy, Faculty of Pharmaceutical Sciences, Toho University, Japan
  • MATSUO Kazuhiro
    Department of Clinical Pharmacy, Faculty of Pharmaceutical Sciences, Toho University, Japan
  • YOSHIO Takashi
    Department of Clinical Pharmacy, Faculty of Pharmaceutical Sciences, Toho University, Japan

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Background: The long time required to resolve medical disputes is a problem in many countries. However, the main factors prolonging medical litigation have not been thoroughly investigated. Aiming to lessen the time burden of medical disputes and lawsuits, we investigated the litigation background influencing the duration of medical lawsuits. Methods: We analyzed 38 cases filed as civil suits and resolved in judgment at the Chiba District Court of Japan from 2004 to 2008 using multiple regression analysis and Spearman’s rank correlation coefficient. Results: The median time between (a) a negligent act and filing a law suit (hereafter, “time to file suit”), (b) filing a law suit and resolution (hereafter, “litigation length”), and (c) the negligent act and resolution (hereafter, “time to resolution”) was 2.78, 2.37, and 6.03 years, respectively. From the results of the multivariate analysis performed by logarithmically transforming the objective variable, time to file suit of male patients was found to be shorter than that of female patients (β=-0.723, 95%CI: -1.219 ~ -0.227), and time to file suit increased with the increase in points of controversy (β=0.173, 95%CI: 0.052 ~ 0.294). Likewise, appeals (β=0.457, 95%CI: 0.178 ~ 0.735) and the presence of a lawyer on the patient side (β=0.933, 95%CI: 0.611 ~ 1.255) extended litigation length. A strong positive correlation was noted between time to file suit and time to resolution (rs=0.87, p<0.01). Conclusions: For quick resolution of medical disputes and lawsuits, it is important 1) to respond quickly to male patients’ concerns before they file a suit, 2) to support lawyers and victims in their litigation activities, and 3) to investigate the facts and resolve and clarify the points of controversy before a suit is filed.

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