The Japanese Journal of Health and Medical Sociology
Online ISSN : 2189-8642
Print ISSN : 1343-0203
ISSN-L : 1343-0203
Original Article
A Study on the Process of Medical Malpractice Lawsuit Filed by Patients' Family
Yoshiyuki FUKUMOTO
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JOURNAL FREE ACCESS

2014 Volume 24 Issue 2 Pages 38-47

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Abstract
Medical malpractice lawsuits are not actualized until the patient's side files the lawsuits. In order to understand the plaintiff's reasoning behind the filing of malpractice lawsuits, the plaintiff's interpretation of “the clinical course and the physician's act” was analyzed based on the interviews of 4 plaintiffs out of 3 groups. As a result, “double anger” was revealed in the presence of “unexpected results.” “Double anger” is the plaintiff's subjective anger directed toward the physician in the claim of (1) the physician's mistakes and (2) subsequent action to conceal the mistake by the physician. The plaintiff's “double anger” evolved into the plaintiff's “vindictive feelings” and motive for “seeking the truth” and “preventing similar tragedies.” Filing a medical malpractice lawsuit is solely the plaintiff's act but the reason of the filing lawsuits was based on “double anger” formed in the process of the joint actions (Blumer 1969=1991) of the physician and the patient side.
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© 2014 The Japanese Society of Health and Medical Sociology
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