Medicolegal Assessment of Neurosurgical Malpractice Claims

Abstract

Thirty neurosurgical malpractice cases in Japan were analyzed. Among the several types of judicial disputes, breach of accountability has been shown to be comparatively readily acknowledged rather than other controversial issues. Lawsuits involving minimally invasive procedures warrant caution when interpreting accounts that laud the advantages of such procedures. Neurosurgeons involved in malpractice lawsuits suffer untold psychological stress in spite of the recent acceleration of settlements. An increase in lawsuits concerning medical negligence related to procedural errors translates a the reduction of surgical interventions performed as well as discouraging aspiring surgeons. Hence, the extant no-fault compensation system employed in obstetrics should be considered for other surgical fields including neurosurgery. However, the greatest challenge will be in determining the compensation cost based on the primary disease and the degree of surgical sophistication.