Ohira Masayuki, Sumioka Ryo, Takao Masaki
Department of General Internal Medicine and Clinical Laboratory, National Center of Neurology and Psychiatry Hospital, Tokyo, JPN.
Legal Department, Jinho Law Office, Tokyo, JPN.
Cureus. 2025 Aug 10;17(8):e89763. doi: 10.7759/cureus.89763. eCollection 2025 Aug.
Malpractice disputes are a major problem for physicians. Headache is one of the most common symptoms seen in medical settings, and therefore often an issue in malpractice cases. Little is known about the characteristics of headache in cases that end up as malpractice suits.
This study reviews all civil lawsuits involving headache that were identified in a Japanese database of lawsuits (Westlaw Japan). This study examined the basic characteristics, main issues, and results in each case, as well as the features of headaches, including clinical characteristics for secondary headaches and "red flags" identified by the court.
In total, 2,906 cases were examined, of which 48 headache-related negligence lawsuits were retained for analysis. Judgments in these cases were delivered between January 2001 and November 2022. All 48 cases involved issues related to the diagnosis or treatment of headaches. Six cases were excluded because they were judgments from appeal courts or the Supreme Court, and judgments from lower courts in these cases were already included. Overall, 35 cases involved issues related to the diagnosis of headaches. No statistically significant differences were found between cases with and without negligence in terms of basic characteristics and the prevalence of red flags.
This study examined the basic characteristics of medical malpractice lawsuits related to the diagnosis and treatment of headache in Japan. No available features for avoiding medical malpractice and legal negligence were found. Even when no obvious red flags of secondary headache are identified, diagnostic errors could still lead to findings of negligence in malpractice claims.
医疗纠纷是医生面临的一个主要问题。头痛是医疗环境中最常见的症状之一,因此在医疗纠纷案件中经常成为争议点。对于最终演变为医疗纠纷诉讼的头痛病例的特征,人们了解甚少。
本研究回顾了日本诉讼数据库(Westlaw Japan)中所有涉及头痛的民事诉讼。本研究考察了每个案件的基本特征、主要争议点和结果,以及头痛的特征,包括继发性头痛的临床特征和法院认定的“危险信号”。
总共审查了2906个案件,其中48个与头痛相关的过失诉讼被保留用于分析。这些案件的判决时间为2001年1月至2022年11月。所有48个案件都涉及与头痛诊断或治疗相关的问题。6个案件被排除,因为它们是上诉法院或最高法院的判决,而这些案件初审法院的判决已被纳入。总体而言,35个案件涉及与头痛诊断相关的问题。在基本特征和危险信号的发生率方面,有过失和无过失的案件之间未发现统计学上的显著差异。
本研究考察了日本与头痛诊断和治疗相关的医疗纠纷诉讼的基本特征。未发现可避免医疗事故和法律过失的有效特征。即使未发现继发性头痛的明显危险信号,诊断错误仍可能导致在医疗纠纷索赔中被认定为过失。