Lawsuit by family of woman refused by 19 hospitals before death dismissed
OYODO, Nara -02/03/2010- A judge dismissed a lawsuit on Monday by the family of a woman who fell unconscious during childbirth and died after she was refused treatment by 19 hospitals.
Gojo resident Mika Takasaki, 32, died in August 2006, while being transported in search of a hospital.
Takasaki's family -- husband Shinsuke, 27, and surviving son Kanata, 3 -- filed suit against the town and her obstetrician, demanding approximately 88 million yen in damages.
At issue was whether the obstetrician at the town-run Oyodo Hospital was negligent by failing to perform a cranial CT and misdiagnosing a brain hemorrhage as eclampsia and whether her life could have been saved.
The presiding judge acknowledged that Takasaki complained of a headache at the time of the hemorrhage, at around midnight on Aug. 8, 2006. However, he said: "The obstetrician's decision to place priority on getting her to a suitably-equipped medical institution as fast as possible cannot be deemed inappropriate."
Regarding the connection between Takasaki's death and the length of time she spent in the ambulance, the judge ruled that "even if the brain abnormality had been diagnosed, and she had been taken to Nara Medical University at an early stage, surgery would only have begun at around 3:30 a.m., and her chances of survival would have been very slim."
"There are many cases where hospitals for seriously ill patients have to be found at the spur of the moment. It's 'emergency medicine' in name only," the presiding judge said in a comment following the ruling. "The state and local authorities have a duty to protect lives, and I have high hopes that obstetrics and other forms of emergency medicine will be improved."
Shinsuke Takasaki, who dabbed at his eyes as the ruling was read, showed some understanding of the verdict: "The ruling was a disappointment and I want to apologize to Mika, but the court gave an intelligent opinion."
Shinsuke has called repeatedly for the reform of obstetric care. After launching his lawsuit, he'd become a target for online attacks and libel. But he kept returning to court in the hope that he could tell their son that "because of mommy, maternity care became better."
While disappointed at the result, Shinsuke says he has hopes in light of the judge's additional remarks.
"I felt the burden of Mika's life upon me again. I think I'll be able to explain it to Kanata, I hope the medical world responds quickly and carries out urgent reform of the natal care system," he said.
Attorney Hirotoshi Ishikawa added: "The claim was not sufficiently upheld. However, we have not considered whether to appeal."
Kimiaki Nishiura, head of Oyodo Hospital, said: "As well as high hopes for the improvement of the emergency natal care system, I will work hard to improve all our care."
(Mainichi Japan) March 2, 2010
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