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COMPARATIVE STUDY ON LEGAL PROBLEMS OF MENTAL HEALTH CARE

Research Project

Project/Area Number 05620035
Research Category

Grant-in-Aid for General Scientific Research (C)

Allocation TypeSingle-year Grants
Research Field Social law
Research InstitutionKOBE UNIVERSITY

Principal Investigator

MARUYAMA Eiji  PROFESSOR,FACULTY OF LAW,KOBE UNIVERSITY, 法学部, 教授 (10030636)

Project Period (FY) 1993 – 1994
Project Status Completed (Fiscal Year 1994)
Budget Amount *help
¥1,600,000 (Direct Cost: ¥1,600,000)
Fiscal Year 1994: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1993: ¥900,000 (Direct Cost: ¥900,000)
Keywordsinformed consent / competency to consent / Taasoff dicision / suicide / mental health care / 治療拒否
Research Abstract

1.I studied the problems of informed consent, with the focus placed on competency to consent, in the field of mental health care, using the materials of the United States and Canada. Based upon the result of the research on the foreign law, I made theoretical studies and practical proposals regarding what should be considered and practiced as a matter of informed consent. During the process, I considered, in addition to competency, the topics of voluntariness, exceptions to the requirement of disclosure and consent, consent to the admission to mental hospitals, and consent to treatment. In exploring the consent to treatment problems, focus was placed on the refusal of medications by inpatients of mental hospitals and the administration of medications without the patient's awareness.
2.I studies the problems of civil liability of the mental health professionals and institutions relating to the provision of the mental health care.
(1)I studied the developments in the American case law with respect to the duty to protect the third parties from the risk of injury by the mental patient (chiefly outpatient). I analyzed the seminal case of Tarasoff v.Regents of University of California (1976) and the cases thereafter. I pointed out the wide variety of the holdings regarding such requirements as identifiability of the potential victims and specificity of the threatened attack. I also summarized the legislative actions to restrain the liability of medical profession.
(2)I studies the liability problems in the case of suicide of mental patients. I found similarities between the American and Japanese law with respect to the considerations to be taken into account in deciding the liability. On the other hand, such factors as the existence and nonexistence of the jury make differences in the actual resolution of the cases.

Report

(3 results)
  • 1994 Annual Research Report   Final Research Report Summary
  • 1993 Annual Research Report
  • Research Products

    (3 results)

All Other

All Publications (3 results)

  • [Publications] 丸山英二: "インフォームド・コンセントの法理の法的諸問題" 松下正明編『精神医学と法(臨床精神医学講座22巻)』. 22. 225-239 (1997)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1994 Final Research Report Summary
  • [Publications] Eiji Maruyama: "Legal Problems of Doctrine of Informed Consent" "Mental Health Care and the Law (No.22 of Clinical Mental Health Care : M.Matsushita ed.). 225-239 (1997)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      1994 Final Research Report Summary
  • [Publications] 丸山英二: "Appelbaum,Almost a Revolution(著書紹介)" アメリカ法. 1995-2(予定). (1996)

    • Related Report
      1994 Annual Research Report

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Published: 1993-04-01   Modified: 2016-04-21  

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