Comparison between SIDS-related court cases in the United States and Japan-a trend seen in legal precedents in the United States.

摘要

A bibliographic search of "Lexis", a database on foreign legal cases, was conducted, using sudden infant death syndrome (SIDS) as a key word to retrieve legal cases related to SIDS in the United States. The procedure yielded 156 cases, which included many that were brought to the courts for reasons other than SIDS. The following explanation was given for this outcome: because the public in the United States is much better informed about SIDS than in Japan, few cases are brought to the courts with SIDS as the main cause of the argument; the acronym, SIDS, is simply quoted during the court proceedings. Nevertheless, 26 cases that were particularly related to SIDS were selected and compared against 33 cases recorded and retrieved in the previous year in Japan to find the difference in the trends in legal disputes. The difference in the trends in litigation in the two countries was evident: in most cases in Japan, the legal dispute was over the recognition of SIDS or asphyxiation as the cause of death thathad occurred in a nursery or hospital, with the family acting as the plaintiff and the nursery or hospital as the defendant. In the majority of cases in the United States, on the other hand, the state was the plaintiff and the family or baby sitter the defendant; the focal point of the dispute was the distinction between SIDS and child abuse. Compared with the trend in Japan, a much greater number of cases were brought before the court of final appeals in the United States. As the public becomes more aware of SIDS through campaigns and other means, the pattern seen in the legal disputes refer to SIDS lawsuits in Japan may change into that seen in the United States.