J.Jpn. Surg. Soc.. 123(4): 310-317, 2022

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LIGHT AND SHADOWS OF CARDIOVASCULAR SURGERY-RELATED MEDICAL LAWSUITS

The civil action judgments in 45 court cases involving cardiovascular surgery from 1999 through 2021 were analyzed. The average time interval from surgery to district court judgment was approximately 7 years, and the average time interval from surgery to high court judgment was approximately 9 years and 6 months. Forty-four percent of the district court judgments were upheld. The number of judgments upheld in cardiovascular surgery-related cases was about 50% of that in ordinary court proceedings. On the other hand, the number of judgments upheld in cardiovascular surgery cases was twice as high as in other medical-related court proceedings. Compensation amounts approved in cardiovascular surgery-related cases ranged from 1 million to 140 million yen. There were five main reasons for upholding the original judgments in those cases: 1) extracorporeal circulation management and instrument management violations; 2) faults in procedures; 3) failure to meet mandated explanation protocols; 4) postoperative care violations; and 5) protocol violations. The results show that cardiovascular surgeons should incorporate conventional methods of obtaining informed consent into shared decision-making processes between physicians and patients.

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