Greedy Trial Lawyer
Doctors, Would You Prefer Japanese Justice Or Greedy Trial Lawyers?
Category: Right On!
Doctors and hospital administrators in the U.S. should be thrilled that personal injury lawyers (sometimes affectionately called greedy trial lawyers) are their major concern when a medical error (often properly called medical malpractice) occurs. Point of Law tells us that in Japan it is the police who police the medical profession.
Prof. Robert Leflar spent a year at the University of Tokyo's law school studying the response of Japanese law to medical error. There is, as everyone knows, far less medical malpractice civil litigation there; peer review and professional discipline structures also turn out to be weak. A surprising counterbalance?
In Japan, injury or death due to medical error is often treated as a criminal matter. When medical error causes injury or death, patients or their family members call the police to investigate the incident. Arrests and prosecutorial decisions are based on results of investigations. In other words, medical error in Japan is considered a crime against the state. ... [Japan's] criminal code also contains sanctions for attempts to cover up mistakes by altering patients' charts.
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