2005 Fiscal Year Final Research Report Summary
Socio-legal Analysis on Effects of Legal Sanction on Prevention of Medical Accidents
| Project/Area Number |
15530008
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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 |
Fundamental law
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| Research Institution | Waseda University (2004-2005)
Kyushu University (2003) |
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Principal Investigator |
WADA Yoshitaka Waseda University, Waseda Law School, Professor, 大学院・法務研究科, 教授 (80183127)
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| Project Period (FY) |
2003 – 2005
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| Keywords | medical malpractice / mediation / medical accident / メディエーション / リスクマネジメント / コンフリクトメネジメント / 医療安全 / 医療過誤 |
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| Research Abstract |
The results of observation survey, interview research to health care professionals and questionnaire survey done in this research, shows that Legal sanctions like criminal charge, civil damages compensation and even the risk to be sued have negative effects on the behavior of health care professionals. Not only at the moment of accident but also in everyday practice, health care professions tend to behave defensively trying to avoid risky practice and being cautious against patients' claims.
On the contrary, health care professionals have positive expectation on the possibility of alternative dispute resolution mechanism and believe that introduction of mediation and prevalence of facilitation skills would improve both patients' and health care professionals' attitude and then contribute to promote the safety in medical care.
Based on this understanding, I proposed introduction of ADR in medical malpractice field and develop an effective training program of mediation skills that could be applied to first stage response by health care professionals to a patient and the family at the time of accident. This result and proposition based on my research is almost sama as that made by professor Carol Liebman and Chris Hyman of Columbia Law School for Tort Reform in Pennsylvania.
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