Investigation of the precedents on medical dispute in anesthesiology
| Project/Area Number |
14571430
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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, 医学部, 教授 (80237833)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥3,500,000 (Direct Cost: ¥3,500,000)
Fiscal Year 2004: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 2003: ¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 2002: ¥1,900,000 (Direct Cost: ¥1,900,000)
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| Keywords | anesthesia / medical dispute / criminal suit / precedent / literature / medical record / 救急 / 蘇生 / 刑事訴訟 / 添付文書 |
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| Research Abstract |
We investigated outcomes of medical malpractice disputes in anesthesiology. Legal rulings from trials concluded before 2002 were collected from law journals comprising 94 criminal cases related to anesthesiology and drug therapy. Results indicated no increase in criminal cases when compared with civil cases. The rate of imputability for medical providers was high, and sentences for physicians were heavier than for other occupations. Sentences for accidental infliction of injury were not necessarily lighter than for accidental homicide. Pharmaceutical drug labels were used as indicators of medical standards. It is important for medical providers to clarify the distribution of responsibility and systematize the check-process to prevent recurrence of errors. International consistency is also necessary for the revision of drug labels. Previous studies of recent cases related to anesthesiology have revealed that the judiciary often inquires into specialization, CPR mastery, and observance o
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f nerve block adaptation regulations. This study also examined medical chart entries that included anesthesia records. Since chart entries serve as evidence in court, a chronological record of precise facts along with consistency with other recorded entries are indispensable. Unrecorded measurements and medical treatments can be interpreted as not having been conducted. Postscripts also should be more highly considered than time/date entries and supplementary justifications. In terms of medical records and medical dispute references, American literature related to anesthesiology was superior to that of Japan ; it was more concrete and thus more efficient in preventing recurrence. This may be due to a higher incidence of medical disputes in the U.S. than in Japan, creating a greater necessity for better medical literature. We hope that Japanese medical records will reach a comparative level of detail in the future. Further research is needed on judicial outcomes regarding how explanatory notes are provided to patients and how chart entries should be written. Less
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Report
(4 results)
Research Products
(21 results)
