J.Jpn. Surg. Soc.. 123(4): 346-350, 2022

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Feature topic

SURGERY AND MEDICAL LITIGATION FROM THE PERSPECTIVES OF JUDGES

Cases involving medical litigation are considered difficult for judges because they require specialized medical knowledge. It is thus necessary for judges to be aware of the legal characteristics of medical litigation. The basic principle is fair sharing of damages．The duty of care including medical standards in clinical practice is a legal concept and normative evaluation, although there may be uneven distribution of information and evidence. In addition, from the perspective of judges, it may be difficult to determine the facts regarding how surgical procedures were performed and to identify the duty of care of the physicians involved. In connection with this, medical litigation does strictly require patients to exhibit highly specialized knowledge because of the difficulty of proof in medical practice and the possibility of negligence in some cases. The burden of proof on the patients’ side is there reduced by such accepted legal standards.

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