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書類送検の執刀医不起訴(2009年4月4日 読売新聞)

 相模原署の発表などによると、女性は同年2月26日、腹腔(ふくくう)鏡を使った胆のう摘出手術を受けた後、血圧低下や意識障害などの症状が表れた。当直勤務中の執刀医は、昇圧剤の投与などを指示するだけで検査をせず、女性は翌日午前8時頃、大量出血による循環不全で死亡した。

 事実経過としては以上のような状況のようです。

 県警の見解は以下のとおり。

 県警は昨年10月、手術後の急激な血圧の低下に対して内出血を疑い、適切な処置を取らなかった不作為の責任があるとして書類送検していた。

 地検の判断は以下のとおり。

 地検幹部らによると、病理解剖や県警の捜査では手術のミスは確認できず、内出血の原因が不明である以上、手術と死亡との因果関係は認められないと判断したという。地検幹部は「術後の記録を見ても、大量出血を予見することは困難な状況で、すぐに開腹手術などをすべきだったと認定するのは難しい」としている。

 どこに違いがあるかわかりますか?
 どちらも手術自体のミスはないと考えているようです。
 手術後の大量出血の予見可能性に関する見解の相違のようです。

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病理解剖までして、「過失無し」なのだから本当に無いのではないでしょうか。

それに外科の腹腔鏡手術は、始まって終わるまですべてが録画されています。
(内科医による内視鏡手術は、必ずしもそうではない)
内視鏡手術の裁判はシロクロが付きやすいのです。

もちろん、素人の横やりが入らなければですが。

解剖しても内出血の原因不明とは。手術手技関連では無いことだけがわかっただけで原因は不明のままですね。

腹腔鏡手術の黎明期を過ごした外科医は冷や汗の出るようなケースを必ず経験していると思います。特に胆嚢摘出術ではかなりの施設が10例までの間に重大な合併症を記録していたと思います。また、その失敗を各施設が集まって、堂々とさらけ出してみんなで失敗カンファレンスを行って、次にいかすことができた時代でした。(今やったら必ず訴訟の材料にされる気がします)
 みているうちに出血してくれれば対応のしようがあります、孔を閉めてから出血したりしたら、ドレーン(対外に腹腔内の液体を排出する管)だよりにしかなりません。出血はなくても、黄色い液体(胆汁)が術後の最初の包交でみられたときの逆毛が立つような気分や、ドレーンから出血は見られるが、たいしたことはなくCTとってあわてて手術室に電話をかけた思い出などを思い起こすとよくやってたものだと思います。(今もやってますが)
 そのときのビデオでもあくまでも”ここでやったんじゃないか?”という推定での検証が多く、ブラインドの一瞬に何事かが起きた?ということが多かったように思います。(同じ画面を複数のものが見てるんでの判断なのですから)どんどん光学機器が進歩して、視野がよくなってきていますが、いまでも古い機械を使用しているところもあるんじゃないでしょうかね。
 この件については、使用者の医療法人が外科医を懲戒解雇して責任を一人におおいかぶせたように記憶しています。手術は一人でできるものではないんですがね。
 確かに手術の術者は”下手人”としての責任を負わなくてはいけませんが、同じ視野(画面)をみる複数の人間が存在するんですから誰も気づいていなかったならどうしようもないでしょう。
 術後に血圧が下がれば出血を第一に考えるのはもちろん当たり前ですが、あまりにスムースに問題なく終わった手術であれば、出血が原因とは考えられないという変な思い込みが生じる恐れもあります。おまけにドレーンが利いていなくて出血が確認されなけれれば、出血はしてるわけがないなどというような結論を出してどつぼにはまることも考えられます。

小生も外科医現役時代は冷や汗ものでした。よく訴訟にならなかったものです(^^;) 
今回の事例で、手術操作、たとえば胆嚢動脈のクリップが外れて出血していたのなら、解剖でわかったはずです。解剖でも原因不明と言うことは通常の術野での損傷とは言い切れないと思います。未知の出血傾向があったとか他の要因もあり得るでしょうね。

泌尿器科開業医です。20年にわたる勤務医時代は本当に冷や汗の連続でした。よくぞ訴訟にまきこまれなかったものと思います。
この手の報道の場合はほとんど医者側の肩を持ちたくなるのですが、手術をした翌朝失血死したのが本当だとしたら、その過程においておこったであろう血圧の低下、頻脈、意識レベルの低下に対し、頻回の血液検査、大量の輸血、CT、状況によっては緊急開腹手術を「するのが普通」と思うのですが、外科の先生方はどのように考えられているのでしょうか。因果関係があるかないか、過失があるかないかというのももちろん重要と思いますし、法的にはそこがすべてなのでしょうが。ベストを尽くすというのは難しいと思いますし、常に平均以上の治療をというハードルを越えられない場合もあっても仕方がないと思います。しかし、本当に昇圧剤だけの投与で翌朝失血死させたとしたら、術後をみる体制としてはあまりにお粗末に過ぎるでしょうし、メス(鉗子?)をもつ資格が問われるケースと思います。

泌尿器科の先生へ
 おきた年次と、その病院の体制によると思います。本来やるべき体制が整わない条件下で診療を強行させていたのであれば、管理者側の責任が多くあると思います。
 特にこのケースのように病院側がトカゲの尻尾きりのような対応をした(懲戒免職を報じた報道内容:検索をこれからして見ますが、たしか術者一人に責任をおっかぶせたように記憶しています)ことにたいして外科医に同情を覚えることはあります。
 また、どこまで夜間の検査診療体制が整っていたのか、ひょっとしたら、当直医であった外科医は(と書いてあるようですが)ひとりで全科当直で(この病院の規模であれば可能性はかなり高いのではないかと報道のときに思いました)、術後の管理と、外来の両方をしなくてはならなかったとか、レントゲン、検査、手術室、麻酔科はすべて呼び出しで確保しなくてはならなかったのであったとか(オンコールというレベルではなく)
 民間の市中病院のレベルであれば、夜間にスタッフを呼び出して確保するより早朝に早出してもらって対応したほうがスムースにいく場合もあると思います。そんな計算をしてしまったとか、なんにせよ、気のめいるRE-OPEを深夜に行うための努力は病院の規模によっては大変なものがあります。事態の深刻さによってどんな対応をするのかというのも外科医の技量のひとつですから、泌尿器科の先生の言われるような責任を果たせなかったのが、単に本人の怠慢や傲慢が原因であれば非難を避けうることはできないと思います。メスを持つ資格はありません。

 こんなことをいうのも、結構私立病院を問わず、公立の小病院などでも、一人医長の外科医が蛮勇を奮って、外科手術を維持していた時代はつい最近まで一般的でした。私が一時いた国立病院でも夜間のre-opeは実質的に不可能で、同僚でも術後出血を輸血をしながら必死に朝までがんばったものなどもいました。
 また、女性の胆嚢動脈の止血がほげたことぐらいでは、本来出血に強い女性が翌朝に出血による死亡にいたるというのは感覚的に考えにくいのです。出血死にいたるような出血であれば、ドレーンが利いてさえいれば、ベッド周囲は大変な有様であり、利いていなければ腹部は張ってくるなど、当直してみてれば、(呼び出されても)異常を察知して、少なくとも輸血ぐらいは対応すると思いますけどね。
 いずれにせよ最近は、手術をやらない外科医がどんどん増えていますし、危険を冒しても何も得るものはないという風潮です。中小病院は手術をしたがらなくなり、その分大規模病院が手術過剰となり本来すぐやれる手術が、どんどん先送りになっているのが現実です。私も最近は、前はやってあげたんだが今はやれる風潮ではないといって、昔から何度も手術してきた患者さんの手術をことわって紹介することが増えました。それによって逆に患者さんの生命に余計な危険が生じるということもあるかもしれませんが。
 どこも受けられず、どうしても緊急に手術しなくてはいけないときには腹をくくってやりますけどね、(この間の外科学会の期間中ににありました。どこも受けてくれないと救急隊が泣きついてきたのに仏心を出したのが間違いの元でしたけど。)
 
 今日はもう時間がありませんが、この件についての当時の報道などを少し調べられたら調べてみます。記憶による書き込みで申し訳ありません。

 類似処理として情報提供です。m(_ _)m

東京女子医大事故:検察側が上告断念 医師の無罪確定へ
http://mainichi.jp/select/science/news/20090410k0000m040099000c.html
医師の無罪確定へ 東京女子医大の女児死亡事故
http://sankei.jp.msn.com/affairs/trial/090409/trl0904092106008-n1.htm

裁判オワタ\(^o^)/

  渕野辺総合病院
 161床の総合病院。外科常勤医は4名(乳腺外科を含む)
 平成11年に医療評価機構の一般病院種別A
 平成17年に電子カルテ化
 平成20年にDPC取得と積極的な経営を行ってきた民間病院のようです。
 
病院ホームページhttp://www.sowa.or.jp/fuchinobe/
さらに
2009年3月16日(月)より、
外科の初診患者さんの診療を休止致します。
なお、再開が決まり次第改めてお知らせ致します
とのことで今回のことが何らかのダメージを外科診療に与えていると思われます。
謝罪文http://www.sowa.or.jp/fuchinobe/topics/20090410_oshirase.pdf
 この常勤医数(4名)であれば45歳の外科医は週一回の当直勤務をこなし、整形外科、脳神経外科の常勤医も加わって外科当直をこなしていたであろうと思われます。

 したがって事故当夜当直医であった執刀医は(医療界の非常識)36時間勤務のちょうど24時間経過した段階で起きた事故のようです。つまり、少なくも朝から勤務を開始し、手術を行って、その夜当直をし、そのまま翌日の勤務に入るスケジュールであったと思われます。40を越した身で、電子カルテを導入する収益をあげている民間病院ですから、かなりハードな勤務状況で、単に術後患者の管理だけに当直しているとは思われませんので、(一般外来を見ているのが普通です)相当厳しい状況であったと思います。(これが外科医では普通ですから、外科医が聞いたら何も違和感のない勤務状況ですが、世間一般から考えれば異常ですよね)

 勤務状況が異常であっても、ミスがあれば責任を取らされるわけですが、懲戒解雇というのは異常な勤務を課した管理側の責任が取られていないことから考えても気の毒と思います。

外科崩壊
 レスずれですが今月のNikkei Medical の特集は”外科崩壊”です。29歳以下の一般外科医が10年間で三分の一に激減し今後、必要な手術が受けられない状況が露呈することを取り上げています。(そんなこととっくにわかっていたんですが)しばらくは”老人外科”でがんばると思うんですが、老人たちが死に絶えたら、、どうなるんですかね。
 さらに外科崩壊の次は、消化器内科、循環器内科と崩壊が進んでいくと思いますけど。


 レスの補足ですが
 もちろん、手術した時点は勤務開始後おそらくは、5-6時間というところでしょうが、今回の書類送検の理由を見ると、手術そのものより、術後の疼痛と、血圧低下に対して有効な検査や処置を行っていないということを取り上げているようです。(手術中の明らかな失敗をビデオでは指摘できなかったのだと思います。目の前で血液が止まらないまま閉めることはありませんので。あるとすれば気腹用の炭酸ガスボンベが足りなくなり、麻酔も浅くなったところで、しっかり確認できないで閉める羽目になったとか、、、)

謝罪文中

> 当院に勤務していた医師が、4年半前に行った手術に関して
> 「業務上過失致死罪」容疑で書類送検となるとの報道がなさ
> れました。私どもの病院に勤務していた医師がこのような
> 事件を起こしましたことにつきまして、深くお詫び申し上げ
> ます。深く反省し、私どもの病院で二度とこのような問題を
> 発生させないよう尽力していく所存でございます。

とありますが、これを受けてか、

> 1)4月14日(火)より、外科の初診患者さんの診療を
>   原則休止と致します。
>
> 2)当面入院治療、手術が出来ないため外来のみの診療となります。
>   その為入院が必要な方については、初診、再診に関わらず他院を
>   紹介せざるをえない場合があります。

外科が手術しなくなったので、なるほど、問題は2度と発生しなくなりましたね。これで、安心な医療が実現できました(苦笑)。

他の常勤の外科医が逃散したのでしょうね(笑)

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