交通事故損害賠償における人工股関節の法医賠償科学的研究
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概要
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The present research has analyzed compensatory damages concerning the replacement of hip joints due to injuries (hip dislocation and femoral neck fracture) sustained from motor vehicle accidents. The object of this analysis are 35 concluded cases picked up by searches employing the key words "total hip replacement, femoral head necrosis, osteoarthritis of hip joint" from the Web data service "LEX/DB". These cases date from 1975 to 2002, and comprise 18 males and 17 females all aged 17y. to 79y. at the time of their accidents. Concerning grading the severity of residual suffering, the 8th grade was automatically authorized for victims who had endoprosthesis, while the 10-12th grade was inclined to be authorized for victims who will have endoprosthesis in the near future. The future cost of arthroplasty or revision operations for 9 of the cases was admitted as long as the plaintiff requested this. There were two ways of calculating costs: three were presented with a figure calculated on the predicted cost of a future operation; and five were presented with the predicted cost of a future operation minus a large deduction based on the interest that would accrue in the intervening period. There are two medical malpractice cases related to the issues of: late diagnosis of hip dislocation, the choice of procedure; failure to conduct femoral head replacement operations; and informed consent. There were 5 requests for compensatory damages resulting from the patients' condition deteriorating after the composition or the trial decision.
- 新潟大学の論文
- 2003-12-10