Recent Medical Malpractice Cases Highlight Patient Safety Concerns in Japan

Recent court rulings awarded 180 million yen for a daycare choking incident and 6.1 million yen for surgical gauze left in a patient, highlighting patient safety concerns and available legal recourse in Japan.

Key Points

  • Supreme Court awarded 180 million yen for 2017 daycare choking incident.
  • Tokyo court ordered 6.1 million yen for surgical gauze left inside patient.
  • Legal recourse available but proceedings can take years to resolve fully.
  • Expats should request interpretation services for important medical procedures and questions.
Two recent court decisions in Japan have brought renewed attention to patient safety and medical negligence issues, underscoring the importance of vigilance for all residents, including the foreign community. These cases, involving both childcare and medical facilities, resulted in significant compensation awards and raise important questions about safety protocols and legal recourse available to victims of negligence. In a landmark decision, Japan's Supreme Court finalized a ruling requiring the city of Yotsukaido in Chiba Prefecture to pay approximately 180 million yen in damages to a family whose three-year-old son suffered severe, life-altering injuries nine years ago. According to NHK, the incident occurred in 2017 when the boy choked on a hot dog served as a snack at a municipal daycare center. The choking resulted in the child becoming bedridden with severe disabilities. The Supreme Court rejected the city's appeal, upholding lower court decisions that found the facility negligent in its duty of care. This case has taken nearly a decade to reach its conclusion, demonstrating both the lengthy nature of legal proceedings in Japan and the substantial compensation that courts may award in cases of serious negligence. In a separate medical malpractice case, the Tokyo District Court ordered a maternity clinic in Edogawa Ward to pay over 6.1 million yen in damages to a woman who underwent a cesarean section at the facility. According to NHK, medical staff left surgical gauze inside the patient's body following the procedure. The court's ruling was particularly severe in its assessment, stating that the "degree of breach of duty of care was remarkable." This language indicates the court found the clinic's negligence to be especially egregious, as surgical counts and safety protocols should prevent such incidents. For foreign residents in Japan, these cases highlight several important considerations. First, while Japan's healthcare system is generally regarded as high-quality, medical errors can and do occur. Patients should feel empowered to ask questions about procedures, request second opinions, and ensure they understand post-operative care instructions. Language barriers can complicate medical situations, so expats should consider bringing a Japanese-speaking friend or using professional medical interpretation services for important procedures. Second, these cases demonstrate that legal recourse is available in Japan for victims of medical negligence or institutional failures. The Japanese legal system does recognize malpractice claims and can award substantial damages, particularly in cases involving permanent injury or disability. However, as the daycare case illustrates, legal proceedings can be extremely lengthy, often taking years to reach final resolution through the court system. Third, the childcare incident serves as a reminder for parents of young children to inquire about safety protocols at daycare facilities and schools. Choking hazards are a recognized risk for young children, and proper supervision and food preparation are essential. Parents should feel comfortable asking about staff training in emergency response and what safety measures are in place. The severity of these cases—one resulting in permanent disability and another involving a serious surgical error—underscores the importance of institutional accountability. The courts' willingness to impose significant financial penalties sends a message about the expected standards of care in both medical and childcare settings. For expats navigating Japan's healthcare and childcare systems, these cases serve as important reminders to remain informed and proactive. Understanding your rights, asking questions, and knowing that legal recourse exists can help protect you and your family. While such incidents are relatively rare, awareness and vigilance remain essential components of ensuring safety in any healthcare or childcare environment.