2006 Fiscal Year Final Research Report Summary
The Quantitative Analysis of Medical Malpractice Litigations
| Project/Area Number |
17330020
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Osaka University |
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Principal Investigator |
IKEDA Tatsuo Osaka University, Graduate School of Law, Professor (50135638)
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| Co-Investigator(Kenkyū-buntansha) |
SHIMOMURA Masami Osaka University, Graduate School of Law, Professor (50346128)
DEMIZU Jun Osaka University, Graduate School of Law, Specially Appointed Professor (80403020)
FUJIMOTO Toshikazu Osaka University, Graduate School of Law, Associate Professor (60273869)
YAMASHITA Noritaka Osaka University, Graduate School of Law, Associate Professor (00278087)
NIKI Tsuneo Osaka University, Graduate School of Law and Politics, Associate Professor (80284470)
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| Project Period (FY) |
2005 – 2006
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| Keywords | Civil Procedure / malpractice suit / expert testimony |
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| Research Abstract |
In the medical malpractice lawsuits in Japan, it has been recognized that the trial periods usually are longer than others, especially compared with the normal civil cases, because of the specialty and the complexity of the content of the cases. Therefore, shortening the trial period, and constructing an efficient trial model by whom to reduce cost and the time for the lawsuit, became problematic. However, there is a possibility that the patient's understanding, consent, and the satisfaction to the trial are treated lightly, when efficiency is pursued in excess., because a medical technical term is used in court, though it is difficult for general persons to understand lawyer's dialects and legal terminologies. Therefore, the following point was clarified in our study. Though it is important to construct the efficient trial model in court, it is important to attempt the enhancement of communications including the specialist, expert witnesses, etc. for the litigant might not alienated in court at the same time.
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