医療訴訟における「医師の説明」に関する研究

抄録

In this study, a subset of medical malpractice lawsuits that are preventable was evaluated using qualitative data. The objective of this study is to help reduce the number of avoidable medical malpractice lawsuits. This qualitative study could pave the way to future quantitative studies. The analysis of the qualitative data revealed that in the vast majority of medical malpractice lawsuits filed by patients and their families there were (1) an occurrence of unexpected bad outcomes, (2) inadequate explanation by the patient's physician, and (3) involvement of an instigator who encouraged the lawsuit. That is, the failure of a physician to provide an adequate explanation to a patient or the inappropriate conduct of a physician after unexpected bad results, with or without an instigator's involvement, is the main reason patients file medical malpractice lawsuits. The physician providing an adequate explanation to patients after unexpected bad results (adequate post-event explanation) is the pivotal determinative factor in preventing avoidable medical malpractice lawsuits.