Judgments on medical malpractice related to accountability in anesthesia and the related departments
| Project/Area Number |
17591626
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Anesthesiology/Resuscitation studies
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| Research Institution | Shiga University of Medical Science |
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Principal Investigator |
NOSAKA Shuichi Shiga University of Medical Science, anesthesiology, professor (80237833)
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| Co-Investigator(Kenkyū-buntansha) |
MAEDA Shoichi The university of Tokyo, graduate school of medicine, patient safety and risk management, Associate professor (20396708)
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| Project Period (FY) |
2005 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥3,700,000 (Direct Cost: ¥3,400,000、Indirect Cost: ¥300,000)
Fiscal Year 2007: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2006: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2005: ¥1,500,000 (Direct Cost: ¥1,500,000)
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| Keywords | anesthesia / medical malpractice / precedent / explanation |
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| Research Abstract |
We investigated the recent judicial precedents on malpractice related to accountability in anesthesia and the related departments. Precedents were reported in Japanese legal journals published before 2004. Not only the general explanation, but also explaining to individual patient is required according to the precedents. Lost cases due to violations of the explanation duty have increased. A reasonable patient decision concept was conventionally adopted. However, recently there have been some judicial precedents adopting the concrete patient theory. We made the written information sheets about anesthesia. In these sheets, the risks of anesthesia were shown and the frequencies of complications of anesthesia were shown in exact figures but in some complications the frequencies were shown ambiguously due to absence of reports. The information sheets prepared in France and Germany emphasized the uncertainty of anesthesia. No medical procedure is completely free of risks. In these sheets, most of complications were shown but with regard to frequency, some complications were not shown in exact figures. There are clearly no judicial answer to the clinical judgments of what information should be given to the patient. Anesthesiologists need to provide patient-specific information required for informed consent. With regard to the important role of anesthesia within the surgical process, providing written information outlining risks and benefits of anesthesia is acceptable, important and useful in obtaining informed consent from patient. Explanation of the risks to patient before anesthesia is a good way to prevent severe problems such as law suits.
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Report
(4 results)
Research Products
(23 results)
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[Journal Article] Judgments on medical accidents2006
Author(s)
A., Kiuchi, Y., Matsumura, M., Kyakuno, S., Nosaka, S., Maeda, K., Ehara
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Journal Title
Journal of japan society for clinical anesthesia 26
Pages: 742-749
Description
「研究成果報告書概要(欧文)」より
Related Report
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[Presentation] 麻酔説明関連文書の比較2007
Author(s)
嶋田 文彦
Organizer
第14回日本麻酔・医事法制研究会
Place of Presentation
東京
Year and Date
2007-10-27
Description
「研究成果報告書概要(和文)」より
Related Report
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[Presentation] 腹臥位で生じた顔面皮膚損傷2006
Author(s)
青井 良太
Organizer
第13回日本麻酔・医事法制研究会
Place of Presentation
旭川
Year and Date
2006-10-28
Description
「研究成果報告書概要(和文)」より
Related Report
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[Presentation] Judgments on medical accidents related to accountability2005
Author(s)
A., Kiuchi, Y., Matsumura, M., Kyakuno, S., Nosaka, T., Abe, S., Maeda
Organizer
12th annual meeting of japan anesthesia risk management association
Place of Presentation
Osaka
Year and Date
2005-11-19
Description
「研究成果報告書概要(欧文)」より
Related Report
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