2010 Fiscal Year Final Research Report
A study on a physician's legal liability to explain and explanatory behaviors
| Project/Area Number |
20590513
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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 |
Medical sociology
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| Research Institution | Kyushu University |
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Principal Investigator |
HAGIHARA Akihito Kyushu University, 医学研究院, 教授 (50291521)
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| Co-Investigator(Kenkyū-buntansha) |
NOBUTOMO Koichi 九州大学, 大学院・医学研究院, 共同研究員 (90037424)
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| Co-Investigator(Renkei-kenkyūsha) |
HAMASAKI Tomoko 九州女子大学, 家政学部, 准教授 (60316156)
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| Project Period (FY) |
2008 – 2010
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| Keywords | リスクマネジメント / 医事訴訟 / リスクコミュニケーション |
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| Research Abstract |
With respect to what might be regarded as a breach of the physicians' duty to explain in an actual medical setting, findings are extremely limited The purpose of this study was to identify physicians' explanatory behaviours that might be related to physicians' legal liability.
We analyzed legal decisions of medical malpractice cases, between 1990 and 2009 in which the pivotal issue was physician's duty to explain (366 cases). In order to identify factors related to the breach of physician's duty to explain, an analysis was undertaken by acknowledged breach status with regard to the physician's duty to explain to the patient according to the court decisions.
When the physician's explanation was given before treatment or surgery (p=0.006), when it was relevant or specific (p=0.000), and when the patient's consent was obtained, (p=0.002) such an explanation was less likely to be deemed inadequate and a breach of the physician's duty to explain.
These findings may be useful in improving physician?patient communication in the medical setting.
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