GASTROENTEROLOGICAL ENDOSCOPY
Online ISSN : 1884-5738
Print ISSN : 0387-1207
ISSN-L : 0387-1207
ANALYSIS OF JUDICIAL DECISIONS OF CRIMINAL LIABILITY AGAINST MEDICAL STAFFS IN CASES RELATED TO DIGESTIVE ENDOSCOPY
Toru HIYAMAShinji TANAKAMasaharu YOSHIHARAKazuaki CHAYAMA
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2007 Volume 49 Issue 7 Pages 1648-1652

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Abstract
We analyzed 4 judeicial decisions of criminal liability against medical staffs in accident cases related to digestive endoscopy practice. One case was associated with overlooking of colonic perforation due to colonoscopy, one with misintubation of gastric tube, one with mishandling of X-ray apparatus, and the remaining one with misstenting for duodenal stenosis. All the medical staffs (three doctors and one radiological technician) in charge were judged as climinally liable. We pointed out the matters that require attention in the digestive endoscopy practice from analysis of these judicial decisions. At the present, there are arguments on what criminal sanction and administrative measure should be in medical malpractice. We have to keep an eye on the trend of the arguments.
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© Japan Gastroenterological Endoscopy Society
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