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J.Jpn. Surg. Soc.. 102(7): 554-558, 2001


Editorial

"UNUSUAL DEATH" IN RELATION TO THE CLINICAL PRACTICE

Department of Surgery, School of Medicine, Keio University and TMI associates, Tokyo, Japan

Toshiharu Furukawa

Japan Surgical Society has made a declaration about patients' "unusual death" which incidentally occurred in their clinical courses, in reference to the practitioners'duty to notify the police under Article 21 of the Medical Act. The meanings of this declaration could be summarized in three points. Firstly, it confirms opportunities to reveal evident medical malpractices causing patients' deaths by affirming the duty in the cases it is suspected that patients' deaths were caused by evident medical malpractices. Secondly, it requires impartial inquiries to judge negligence about anticipated complications after surgery by denying the duty in the cases that patients died as results of anticipated complications after surgery. Thirdly, it proposed establishment of a generalized system to be noticed about medical malpractices causing patients' injuries irrespective of causing patients' deaths and to collect data concerning small incidents and risks in medical practice. The society would start to make a detailed guideline of “unusual death" in relation to the clinical practice. However, such a guideline should be made as an applicable one for that of the malpractices which practitioners are obliged to report under the generalized system.


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