J.Jpn. Surg. Soc.. 111(3): 139-142, 2010

---

Feature topic

MEDICAL MALPRACTICE LAWSUITS

Surgeons have a greater risk of facing medical malpractice lawsuits than internists. Surgeons have therefore become increasingly aware of this possibility from the standpoint of risk management. The most frequently encountered judicial disputes in surgical malpractice claims include: 1) surgical indications; 2) surgical procedures; 3) postsurgical management; and 4) presurgical explanations. In the fourth issue, possible discrepancies between the cognizance of the surgeon and the judge should be carefully noted, in which case the decisions of the Supreme Court should be used as a reference. Regardless of judicial disputes, thorough explanations in the aftermath of intra- or postoperative events are always warranted. A medical malpractice trial is a protracted process. The physician defendant will likely shoulder much of the psychological burden during a trial, although he or she is not engaged in a dispute solely for personal reasons. A physician involved in a malpractice lawsuit should not be left to traverse the path alone.

---

---

To read the PDF file you will need Adobe Reader installed on your computer.