|Budget Amount *help
¥7,800,000 (Direct Cost : ¥7,800,000)
Fiscal Year 1997 : ¥4,600,000 (Direct Cost : ¥4,600,000)
Fiscal Year 1996 : ¥3,200,000 (Direct Cost : ¥3,200,000)
(1) Preliminary survey--We interviewed more than ten people involved with medical malpractice cases including lawyers, judges, doctors, officials of Health and Welfare Ministry, members of patients and sufferers' oranizations, and citizens' organizations, At the same time a preliminary questionnairesurvey was conducted, which more than ten people from the above categories answered. These surveys greatly helped us uncover and examine problems, and collect information.
(2) Questionnaire for lawyers (or law offices) who represent parties involved in malpractice suits regarding the current situation and their opinion -- Although the response rate was only a little more than 10%, the results provide important data which show the actual practices of these lawyers as well as their attirude and opinion. The results and comments are included in the report.
(3) Discussion and information collection through symposiums and small workshops (in the form of round-table conference) on the overall proble
ms and the current system--Regarding the current situation and problems concerning the settlement of law suits or other disputes of malpractice and the relief system for the sufferers of medical accidents, we asked lawyers, doctors, and experts who are well versed in such problems, and where necessary, patients, plaintiffs of malpractice suits, and members of citizens' organizations to provide information and express their opinion from different viewpoints based on their firsthand experience. Then, how the current system should be reformed was discussed. The details of the discussion are fully recorded in the report. They are expected to have great significance to future research and study.
(4) study on particular cases and judicial precedents
1.(Small) warkshops in the form of round-table conferences--These workshops were held for the purpose of comprehensive study on judicial precedents of malpractice cases in various fields such as surgery, emergency medical service, dentistry, thorough medical examination, and treatment of mental diseases. Doctors, dentists, lawyers, and academics who are involved with malpractice cases (including as many expert doctors in related fields as possible) participated in the workshops where they made reports and had discussions. (The shorthand notes of main discussion are included in the report.)
2.Case study including the scrutiny of law-suit records and interview with parties concerned--The research and subsequent study of the Ozawa Incident as a pilot case study, which were discussed in two workshops, were summarized in the report. Regarding the malpractice suits concerning preventive vaccination, such as the Otaru Case, researchers in the Sapporo district have been engaged in scrutiny of law suit records and interviews with lawyers, judges and administrative authority, while those in Kanazawa, Kyoto, and Tsukuba districts have been conducting the same kind of surveys respectively. This survey has not been completed yet.
Included in other reports are studies on particular cases and opinions contributed by assigned reseachers and collaborating researchers. Less