Criminal Judgments on Medical Accidents Related to Anesthetic Practice

Method: From legal journals published before the end of 2001, we investigated 98 sentences in criminal actions regarding the anesthetic field and medicament. Results: The most common issue was medicament, followed by blood transfusions, anesthesia/pain control, and mis-administration of nitrous oxid...

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Bibliographic Details
Published inNihon Rinshō Masui Gakkai shi Vol. 22; no. 10; pp. 371 - 379
Main Authors KIUCHI, Atsuko, SAKAUE, Gaku, MATSUMURA, Yoko, FUJITA, Yasuki, NOSAKA, Shuichi, AMAKATA, Yoshikuni, NISHI, Katsuji
Format Journal Article
LanguageEnglish
Published THE JAPAN SOCIETY FOR CLINICAL ANESTHESIA 15.12.2002
Subjects
Accidental homicide
Anesthetic malpractice
Criminal judgments
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Summary:Method: From legal journals published before the end of 2001, we investigated 98 sentences in criminal actions regarding the anesthetic field and medicament. Results: The most common issue was medicament, followed by blood transfusions, anesthesia/pain control, and mis-administration of nitrous oxide/oxygen. There were no marked increases compared to civil actions. When the sentences were reviewed, the rate of responsibility was high. Penalties included accidental homicide and accidental infliction of injury. However, punishment for accidental infliction of injury were not always lighter than those to accidental homicide. Concerning anesthesia/pain control, the criminal actions were related to medical activities lower than the medical practice level. For physicians, the rate of imprisonment was high. Conclusion: The high rate of imprisonment for physicians may be because physicians make the final medical decision and because their duties are unclear. However, penalties were sentenced based on the established system. As medical strategy, a system including responsibility allotment should be established.
ISSN:0285-4945
1349-9149
DOI:10.2199/jjsca.22.371