The responsibility of the doctor and co-medical staff in medical malpractice - Criminal responsibility and administrative disposition
Oshida, S.; Katsumata, S.
Nichidai Igaku Zasshi 63(10): 437-445
2004
ISSN/ISBN: 0029-0424 Document Number: 320337
In 2003, 987 cases of civil trials were filed. Four hundred and six judgments were passed, and the patients won in 44.1% of the cases. On the other hand, 508 cases were settled out of court.There are less criminal trials compared with civil trials. Since 2000, 37 criminal cases of medical accidents involving doctors, nurses and co-medical staff were rendered a final guilty verdict of manslaughter through professional negligence. Eighteen doctors, 25 nurses, 2 clinical engineering technologists and one radiological technologist were sentenced to a fine; while 3 doctors and 4 nurses were sentenced to imprisonment without labor, with suspension of execution. For cases found guilty of manslaughter through professional negligence alone, no actual prison sentence was imposed, and the sentences were fines or suspended prison terms without labor.Recently there is an increase in number of doctors and nurses who received criminal charges due to medical accidents; especially the number is notably high in nurses. They are usually sentenced to a fine but occasionally to imprisonment without labor that the background is that the professional responsibilities of nurses have changed and their duties have become more complex.A doctor or nurse sentenced to a fine or suspended prison term without labor is also liable to administrative penalty of suspension of professional operations. Usually, the period of suspension of professional operations as an administrative penalty for medical malpractice was 1-3 months, but since 2003 the period has been extended to over one year. Accompanying an increase in number of doctors punished for criminal acts, the number of doctors subjected to administrative penalty has also increased. In addition, whereas in the past only persons who were passed a final verdict of criminal charge were subjected to administrative penalty of suspension of professional operations, recently persons who are being tried or have been acquitted for criminal acts are also imposed administrative penalty. The administrative penalty for nurses used to be 1-3 months of suspension of professional operations, but the period has extended to 6 months at the longest.