Association between physician explanatory behaviors and substandard care in adjudicated cases in Japan

Hagihara, Akihito; Hamasaki, Tomoko; Abe, Takeru

doi:10.2147/ijgm.s18727

Cited by 7 publications

(7 citation statements)

References 20 publications

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“…The role of poor communication in determining the likelihood of malpractice litigation is poorly understood. In Japan, there is evidence that the courts are starting to regard inadequate information-giving to patients as a breach of duty of care [ 111 ]. But, perhaps more importantly, the doctor's explanations and communication with patients appear to influence the likelihood of malpractice claims [ 112 , 113 ].…”

Section: Medical Negligencementioning

confidence: 99%

Clinical Errors and Medical Negligence

Oyebode

2013

Med Princ Pract

112

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This paper discusses the definition, nature and origins of clinical errors including their prevention. The relationship between clinical errors and medical negligence is examined as are the characteristics of litigants and events that are the source of litigation. The pattern of malpractice claims in different specialties and settings is examined. Among hospitalized patients worldwide, 3-16% suffer injury as a result of medical intervention, the most common being the adverse effects of drugs. The frequency of adverse drug effects appears superficially to be higher in intensive care units and emergency departments but once rates have been corrected for volume of patients, comorbidity of conditions and number of drugs prescribed, the difference is not significant. It is concluded that probably no more than 1 in 7 adverse events in medicine result in a malpractice claim and the factors that predict that a patient will resort to litigation include a prior poor relationship with the clinician and the feeling that the patient is not being kept informed. Methods for preventing clinical errors are still in their infancy. The most promising include new technologies such as electronic prescribing systems, diagnostic and clinical decision-making aids and error-resistant systems.

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Section: Medical Negligencementioning

confidence: 99%

Clinical Errors and Medical Negligence

Oyebode

2013

Med Princ Pract

112

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“…To date, we have focused on physician–patient communication as the cause of medical litigation and have elucidated physician liability and its cause by analyzing medical lawsuits and quantitatively assessing physician–patient communication [ 17 – 23 ]. These studies have revealed that when a breach of the duty to explain is acknowledged, such cases typically involve a single physician, a clinic, and a lack of prior explanation; thus, it is clear that physicians must acknowledge that a breach of the duty to explain can easily occur in such situations.…”

Section: Introductionmentioning

confidence: 99%

A comparison of medical litigation filed against obstetrics and gynecology, internal medicine, and surgery departments

Hamasaki

Hagihara

2015

BMC Med Ethics

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BackgroundThe aim of this study was to review the typical factors related to physician’s liability in obstetrics and gynecology departments, as compared to those in internal medicine and surgery, regarding a breach of the duty to explain.MethodsThis study involved analyzing 366 medical litigation case reports from 1990 through 2008 where the duty to explain was disputed. We examined relationships between patients, physicians, variables related to physician’s explanations, and physician’s breach of the duty to explain by comparing mean values and percentages in obstetrics and gynecology, internal medicine, and surgical departments with the t-test and χ2 test.ResultsWhen we compared the reasons for decisions in cases where the patient won, we found that the percentage of cases in which the patient’s claim was recognized was the highest for both physician negligence, including errors of judgment and procedural mistakes, and breach of the duty to explain, in obstetrics and gynecology departments; breach of the duty to explain alone in internal medicine departments; and mistakes in medical procedures alone in surgical departments (p = 0.008). When comparing patients, the rate of death was significantly higher than that of other outcomes in precedents where a breach of the duty to explain was acknowledged (p = 0.046). The proportion of cases involving obstetrics and gynecology departments, in which care was claimed to be substandard at the time of treatment, and that were not argued as breach of a duty to explain, was significantly higher than those of other evaluated departments (p <0.001). However, internal medicine and surgical departments were very similar in this context. In obstetrics and gynecology departments, the proportion of cases in which it had been conceded that the duty to explain had been breached when seeking patient approval (or not) was significantly higher than in other departments (p = 0.002).ConclusionIt is important for physicians working in obstetrics and gynecology departments to carefully explain the risk of death associated with any planned procedure, and to obtain genuinely informed patient consent.

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“…The doctors should be available for contact for the early diagnosis and management of probable complications. 16 Follow up visits should be told to comply.…”

Section: Pre-procedures Work Upmentioning

confidence: 99%

“…This saves doctors reputation as well as economic loss due to time spent in attending to court house. 16 In India, patients have an easy method of litigations as it is under the Consumer protection act, 1986. Supreme court ruled in 1995 that doctors could be suied in India's consumer courts for any service charged by doctor.…”

Section: What To Do When Something Goes Wrongmentioning

confidence: 99%

The legal aspects faced by cosmetologists and dermatologists

Mohan¹,

Mohan

Sangal³

et al. 2020

Int J Res Dermatol

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<p class="abstract">The present-day cosmetologists, in addition to conventional skin physicians, are also cosmetologists and minor skin surgeons in their practice. The cosmetic procedures have the risk of legal problems leaving an unsatisfied patient and troublesome law. One should have safe practice of cosmetology and possible complications and how to overcome these complications after cosmetology procedure. Doctor should know the routine precautions which help him to avoid unnecessary calls by the court.</p>

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Association between physician explanatory behaviors and substandard care in adjudicated cases in Japan

Cited by 7 publications

References 20 publications

Clinical Errors and Medical Negligence

Clinical Errors and Medical Negligence

A comparison of medical litigation filed against obstetrics and gynecology, internal medicine, and surgery departments

The legal aspects faced by cosmetologists and dermatologists

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