2007 Fiscal Year Final Research Report Summary
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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| 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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Research Products
(14 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
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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
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