Japan: Poor communication responsible for medical disputes

Lack of communication has been cited as the main cause of medical disputes in Japan.

The study, which was reported in BioMed Central Family Practice, found that in 81% of litigation cases, the doctor provided insufficient or inaccurate medical explanations to the patient.

Of 65 cases that were investigated, 30 were found to show a breach of the doctor's duty to provide an adequate explanation to the patient; three featured instances of doctor's faults such as technical errors, misjudgement, and diagnosis error; and 32 cases returned evidence of both a breach of the doctor's duty to explain and doctor's error.

It suggests that doctors need to explain to patients, in layman's terms, about their condition, treatment and proposed follow-up. It also recommends that the two parties engage in more detailed dialogue before a course of treatment is agreed.

The study reports three main findings:

• When a doctor offers a detailed and helpful explanation to the patient before treatment or surgery, blame is significantly reduced.
• More cases of doctors' liability were found in clinics than in hospitals.
• Recognising doctors' negligent actions is important in preventing medical disputes and improving patient satisfaction.