Physical Disabilities of Limbs after taking an Embolization of Intracranial Aneurysm
After the plaintiff X had taken an embolization of intracranial aneurysm in the hospital as the accused Y, X had his upper and under limbs physical disable. X claimed that Y had obeyed four due diligences, including judgments of indications, techniques of the surgeries, the interval between two surgeries and observations after the surgeries. Duty of the explanation for any alternative was also not fulfilled. Therefore, X advocated civil compensation based on non-performance of obligation and infringement to the hospital. The court denied any medical negligence by the hospital and determined that there was no causal relationship between duty of the explanation and X’s damages. Nevertheless, the Y still caused the damage of X’s right of personality because of lacking the self-decision, and it caused X’s spiritual pain. Y should pay 4,400,000 Yen as the compensation.