MEDICAL MALPRACTICE LITIGATIONS PERTAINING TO ESOPHAGOGASTRODUODENOSCOPY AND GASTRIC X-RAY EXAMINATION

Abstract

We analyzed the judicial decisions in medical malpractice litigations pertaining to esophagogastroduodenoscopy and gastric X-ray examination from January 1989 to June 2017. Thirteen cases were retrieved from the legal database, Westlaw Japan. Among them, 9 cases were pertaining to endoscopy, and the remaining 4 to radiography. Among the cases pertaining to endoscopy, 4 cases were associated with shock after premedication, 2 cases were associated with overlooking of gastric cancer, 2 cases were associated with massive bleeding after biopsy, and one case was associated with the patient being in a traffic accident after endoscopic examination. Among the cases pertaining to radiography, 2 cases were associated with overlooking of gastric cancer and 2 cases with colonic perforation due to barium. In 5 of the 13 cases, the medical institution won. Not all institutions lost in litigations even though the patient had suffered a medical accident. When there are three factors in a case, i.e., damage to the patient, fault of medical staff, and cause-and-effect relationship between them, the institution may have liability for the damage. When a medical accident occurs, the executives of the institution should examine the three factors and decide the policy with respect to the patient without delay.