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Japan Obstetric Compensation System for Cerebral Palsy: Strategic system of data aggregation, investigation,
Shin Ushiro1,2, Hideaki Suzuki2, Shigeru Ueda2
1Division of Patient Safety, Kyushu University Hospital, Fukuoka, Japan.
Insights
Japan's no-fault obstetric compensation system (JOCS-CP) was established in 2009 to address concerns in perinatal care. The system provides compensation, facilitates dispute resolution, and has led to a decrease in lawsuits.
Area of Science:
- Medical Law
- Public Health Policy
- Perinatal Medicine
Background:
- Japan faced deteriorating perinatal care and a declining birthrate, prompting the need for a new system.
- Growing concerns about cerebral palsy cases and their impact on families and healthcare spurred action.
Purpose of the Study:
- To introduce and evaluate the Japan Obstetric Compensation System for Cerebral Palsy (JOCS-CP).
- To analyze the system's effectiveness in providing compensation, preventing cases, and resolving disputes.
Main Methods:
- Implementation of a no-fault compensation system for cerebral palsy cases.
- Investigation and analysis of approved compensation petitions and compilation of investigative reports.
- Annual publication of prevention reports based on case analyses.
Main Results:
- As of 2017, 2233 petitions were approved, with over 1000 investigative reports compiled.
- Positive reception of investigative reports by both healthcare facilities and families.
- Significant decrease in obstetric-related lawsuits compared to other medical fields.
Conclusions:
- The JOCS-CP has successfully provided financial aid and early dispute settlement.
- The system contributes to the amelioration of cerebral palsy through annual prevention reports and educational materials.
- The JOCS-CP serves as a model social experiment, with ongoing potential for further reform and improvement.
Abstract:
The Japan Obstetric Compensation System for Cerebral Palsy (JOCS-CP), which investigates, develops preventive mechanisms and awards monetary compensation, to cases of cerebral palsy was urgently introduced in 2009 in response to growing concern about Japan's deteriorating perinatal care and low birthrate. Under the political leadership, the Japan Council for Quality Health Care launched the JOCS-CP with support of various stakeholders. The JOCS-CP features of no-fault-based compensation which was discussed decades ago in the Japan Medical Association aiming at financial aid to patient and family and early settlement of dispute. As of 2017, 2233 petitions had been approved by the Review Committee for compensation. All the approved cases were consecutively put on analysis in the Investigation Committee which has compiled more than 1000 Investigative Reports. The reports were delivered not only to the childbirth facility but to the guardians/families. Survey revealed that most of childbirth facility and the guardians/families responded in favor of the reports. With regard to amelioration of profound cerebral palsy, the Prevention Report has been published on annual basis through analysis of all the Investigative Reports. The Prevention Reports and other educational materials were produced and distributed not only among medical professionals but among pregnant women. It is notable that the number of lawsuit filing related to obstetrics demonstrated rapid decrease compared to that of other medical specialties. The JOCS-CP could be described as a social experiment. It was overhauled in 2015 but deserves further discussion on reform for evolving into better system.
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