Medical Malpractice Lawsuit In Ibaraki, Japan
現為內科醫師的原告其妻，於縣內A、B兩醫院皆被診斷為左輸尿管結石。之後原告使用異於B醫院開立之藥物自行對妻進行治療。兩日後妻被送至C醫院急診，當時體溫已達40度，符合全身性炎症反應症候群（Systemic Inflammatory Response Syndrome, SIRS）4個症狀中的3個，CRP數值也超過30mg/dL，但負責的D醫師並未診斷出敗血症。之後妻雖轉送至E醫院，仍於一周後因敗血症休克死亡。後原告向水戶地院對C醫院與E醫院提出共6,400萬元的賠償要求。
The plaintiff is a physician. His wife was diagnosed left ureteral stone from hospital A and hospital B in Ibaraki. Afterwards, the plaintiff decided to treat his wife by himself with different drugs from what B hospital had described. Two days later, his wife was sent to the C hospital’s emergency room, her body temperature reached 40 degrees, her symptoms met 3 out of 4 criteria for systemic inflammatory response syndrome (SIRS), and her CRP value was more than 30mg / dL. But at that time the physician D did not diagnose sepsis. Although his wife was then transferred to E hospital, she still died of septic shock a week later. After that the plaintiff pressed charge to the Mito Court against hospital C and hospital E and demanded a total of 64 million yen compensation.
At the first trial the Mito Court determined that while doctor D in C hospital failed to diagnose sepsis, the plaintiff as a physician himself should have paid more attention to his wife, so he must bear 40% responsibility. At the second trial the Tokyo High Court changed the judgment for the plaintiff’s responsibility to 20%, for the plaintiff and his wife had never established any official or legal doctor-patient relation.