Medical malpractice litigation related to neurotrauma

Abstract

Neurosurgery has been considered a high–risk specialty. According to judicial precedents, the cerebral aneurysm and other cerebrovascular disorder have the majority to the number of the malpractice litigations, and the head injury is 20% or less. The purpose of this study was the analysis of diagnostic and therapeutic malpractice litigation in the field of neurotraumatology. Five litigation cases were assessed using recent judgments of Japanese courts. Two cases were sued despite defensible managements at the acute stage of trauma. Other 3 cases were suits for inadequate treatment based on failed diagnosis at the chronic stage. On the basis of previous judgments, some considerations and recommendations are suggested for subsequent litigation.