Related Experiment Video
Updated: Jul 3, 2026
Reliable Acquisition of Electroencephalography Data during Simultaneous Electroencephalography and Functional MRI
Published on: March 19, 2021
Impact of miscommunication in medical dispute cases in Japan
Noriaki Aoki1, Kenji Uda, Sachiko Ohta
1School of Health Information Sciences, University of Texas Health Science Center at Houston, Houston, TX, USA. noriaki.aoki@uth.tmc.edu
Objective:
Medical disputes between physicians and patients can occur in non-negligent circumstances and may even result in compensation. We reviewed medical dispute cases to investigate the impact of miscommunication, especially in non-negligent situations.
Design:
Systematic review of medical dispute records was done to identify the presence of the adverse events, the type of medical error, preventability, the perception of miscommunication by patients and the amount of compensation.
Setting:
The study was performed in Kyoto, Japan.
Participants:
We analyzed 155 medical dispute cases.
Main Outcome Measures:
We compared (i) frequency of miscommunication cases between negligent and non-negligent cases, and (ii) proportions of positive compensation between non-miscommunication and miscommunication cases stratified according to the existence of negligence. Multivariate logistic analysis was conducted to assess the independent factors related to positive compensation.
Results:
Approximately 40% of the medical disputes (59/155) did not involve medical error (i.e. non-negligent). In the non-negligent cases, 64.4% (38/59) involved miscommunication, whereas in dispute cases with errors, 21.9% (21/96) involved miscommunications. (P
Conclusions:
Medical disputes can occur without negligence and may have costly consequences. Medical staffs need to understand that not only the 'presence of medical errors', but also 'patients' perception of miscommunication', especially in cases with a non-negligent adverse event, can cause serious medical disputes. To prevent future disputes or claims, there is a strong need to improve communication between providers and patients or their relatives.
Insights
Miscommunication significantly increases compensation in non-negligent medical disputes. Improving physician-patient communication is crucial for preventing costly claims, even without medical errors.
Area of Science:
- Medical Law and Ethics
- Patient Safety
- Healthcare Communication
Background:
- Medical disputes can arise even in the absence of negligence.
- Miscommunication plays a significant role in physician-patient conflicts.
- Understanding factors beyond medical errors is key to dispute resolution.
Purpose of the Study:
- To investigate the impact of miscommunication on medical disputes, particularly in non-negligent cases.
- To analyze the relationship between miscommunication, negligence, and compensation in medical disputes.
- To identify predictors of positive compensation in medical disputes.
Main Methods:
- Systematic review of 155 medical dispute records from Kyoto, Japan.
- Analysis of adverse events, medical errors, and patient-perceived miscommunication.
- Comparison of miscommunication frequency and compensation rates in negligent vs. non-negligent cases.
Main Results:
- Non-negligent cases constituted approximately 40% of disputes.
- Miscommunication was present in 64.4% of non-negligent disputes versus 21.9% of negligent ones.
- Positive compensation was higher in non-negligent cases with perceived miscommunication (78.9%) compared to those without (52.4%).
- Medical error and perceived miscommunication were significant predictors of positive compensation.
Conclusions:
- Medical disputes can occur without negligence and lead to significant compensation.
- Patient perception of miscommunication is a critical factor in disputes, especially in non-negligent adverse events.
- Enhanced communication strategies between healthcare providers and patients are essential for dispute prevention.
Related Concept Videos
01:21Barriers to Effective Communication II
Cultural barriers:
Differences in values, beliefs, religion, knowledge, and tradition can significantly impact communication. Awareness of nonverbal cues is critical, especially when conversing with a patient from a different culture. What appears appropriate in one culture may be inappropriate in another.
Semantic barriers:
As a result of their tendency to use...
01:26Torts III
Quasi-intentional torts in healthcare involve acts where intent is not directed to harm an individual but results in harm due to careless or reckless speech.
01:30Guidelines for Nursing Documentation I
Factual:
The following points emphasize the significance of upholding accurate and unbiased documentation in healthcare.
01:15Methods of Documentation VI: Case Management Model
For example, a patient with a chronic illness...
01:30Barriers to Effective Communication I
Communication barriers include the following:
Physiological barriers: They are limitations caused by a person's health condition or disability, such as hearing loss, poor eyesight, illness, or unconsciousness. An example to overcome this barrier...
01:20Introduction to Documentation and Reporting
Nursing documentation records essential information and details regarding a patient's care and treatment in written or electronic form. It is a critical aspect of nursing practice that involves documenting assessments, interventions, outcomes, and other relevant details about a patient's health status.
Documentation maps the patient's health journey by creating a comprehensive and precise...