We collected information on criminal trials regarding medical practice from legal journals and other sources between 1950 and 2017. Among 127 individuals for whom trials were requested, 23 individuals or approximately 18% were found to be not guilty.
The most common occupation among the 23 individuals who were found not guilty was doctor, and many of these individuals were involved in surgery or other treatments. Regarding causes of the accidents in which the 23 individuals were involved, 5 individuals committed an obvious error, and the accidents of the remaining 18 individuals were related to the quality of medical practice. In the trials related to the quality of medical practice, mistakes in the indictment by the prosecution regarding who made what error were recognized during the trials.
There were 3 individuals who were found to be guilty in the first trial but not guilty on appeal. The longest time from the date when the accident occurred to the date when innocence was confirmed was more than 11 years.
It is important to convince prosecutors that medical practices were performed correctly by ensuring that all medical practices are recorded accurately.
View full abstract