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| TITLE | Supreme Court Decision 2017Da203763 Decided February 14, 2019 【Damages (Medical)】 [full Text] |
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| Summary | |
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[1] In a lawsuit claiming damages due to medical errors, the degree of the burden of proof of the causal link between medical negligence and the consequence therefrom, and the allocation of the burden of proving medical negligence (held: victim) [2] Standard of determining whether a doctor was negligent in his/her choice of the method of medical treatment [3] Whether it is permissible to presume that the symptom in question is attributable to medical negligence by proving indirect facts that there is no other reason except for medical negligence that gave rise to the symptom in question (affirmative) and, in such a case, whether a doctor may be held accountable for proving his/her non-negligence (negative) [4] In a case where post-traumatic stress disorder was caused by medical practice, standard of determining whether to presume that there was medical negligence [5] In a case where Patient A, who underwent anterior lumbosacral discectomy surgery performed by Doctor B, was thereafter given a diagnosis that there would be a high possibility that he might suffer permanent ejaculatory dysfunction and retrograde ejaculation, the case holding that Doctor B’s decision to perform the foregoing surgery may not be deemed to exceed the bounds of reasonable discretion allowed for physicians, and that the occurrence of aftereffects by itself is insufficient to prove medical negligence on the part of Doctor B |
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