Among recent court cases involving medical treatment (medical litigation), civil proceedings focused on compensation claims began clearly trending upward around 1999. This trend peaked in 2004, after which the number of cases declined slightly and remained mostly flat. Over the past year or two, however, cases seem to be on the rise once again. Fluctuations in the volume of medical litigation have been attributed to various factors, but there is little doubt that careless medical errors and incidents of serious medical malpractice, as well as media coverage, are major factors in the recent increase. Although there has been no significant change in the actual number of lawsuits involving psychiatric care, it is possible to identify risk resulting from circumstances unique to psychiatry (prejudice surrounding psychiatric care, etc.). In this paper, the author will illustrate current trends in medical litigation and important aspects of judicial decisions related to health care. Furthermore, based on his many years of experience acting for the defense in psychiatric care litigation, the author will offer suggestions for promoting mutual understanding between psychiatry and the law that will, in turn, contribute to both "advocacy for legitimate psychiatric care" and "the quest for ideal psychiatric care".
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