総説

著者

押田　茂實　　勝又　純俊
日本大学医学部社会医学講座法医学部門

要旨

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 involvingdoctors, 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 afine; while 3 doctors and 4 nurses were sentenced to imprisonment without labor, with suspension of execution. For casesfound guilty of manslaughter through professional negligence alone, no actual prison sentence was imposed, and thesentences 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 imprisonmentwithout labor that the background is that the professional responsibilities of nurses have changed and their duties havebecome more complex.A doctor or nurse sentenced to a fine or suspended prison term without labor is also liable to administrative penalty ofsuspension of professional operations. Usually, the period of suspension of professional operations as an administrativepenalty for medical malpractice was 1-3 months, but since 2003 the period has been extended to over one year. Accompanyingan increase in number of doctors punished for criminal acts, the number of doctors subjected to administrativepenalty has also increased. In addition, whereas in the past only persons who were passed a final verdict of criminalcharge were subjected to administrative penalty of suspension of professional operations, recently persons who are beingtried or have been acquitted for criminal acts are also imposed administrative penalty. The administrative penalty fornurses used to be 1?3 months of suspension of professional operations, but the period has extended to 6 months at thelongest.

keyword

medical malpractice, criminal responsibility, administrative disposition
医療事故，刑事責任，行政処分，医道審議会，業務停止