THE JOURNAL OF JAPAN SOCIETY FOR CLINICAL ANESTHESIA
Online ISSN : 1349-9149
Print ISSN : 0285-4945
ISSN-L : 0285-4945
Journal Symposium (4)
Judgments on Medical Accidents Related to Accountability
Atsuko KIUCHIYoko MATSUMURAMiyaji KYAKUNOShuichi NOSAKAShoichi MAEDAKazumasa EHARA
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2006 Volume 26 Issue 7 Pages 742-749

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Abstract

  We evaluated recent judicial precedents of accountability. Lost cases due to accountability violations have increased. The Supreme Court clarified the following: 1. When a surgical technique is changed to another one that has not been explained to the patient, the wishes of the patient must be confirmed. 2. When the surgical technique is a procedure performed considerably often, even if not common, an explanation is necessary. 3. In cosmetic surgery, a stricter explanation is required. 4. Not only the general explanation of the surgery but also explaining to individual patients is required. 5. Under certain conditions, the right to self-determination, such as the patient's religious beliefs, is given priority over the view of the value of life. Though a reasonable patient decision concept was conventionally adopted, there have been some judicial precedents adopting the concrete patient theory.

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© 2006 by The Japan Society for Clinical Anesthesia
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