The doctor-patient Relationship and the Legal Framework in English Law
| Project/Area Number |
13620056
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kyushu University |
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Principal Investigator |
ISOGAWA Naoyuki Kyushu University, Faculty of Law, Professor, 大学院・法学研究院, 教授 (80168286)
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| Project Period (FY) |
2001 – 2002
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| Project Status |
Completed (Fiscal Year 2002)
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| Budget Amount *help |
¥2,900,000 (Direct Cost: ¥2,900,000)
Fiscal Year 2002: ¥1,300,000 (Direct Cost: ¥1,300,000)
Fiscal Year 2001: ¥1,600,000 (Direct Cost: ¥1,600,000)
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| Keywords | the doctor / patient relation-ship / patients'rights / doctors'duty of care / English medical law / medical law |
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| Research Abstract |
The aims of this research project gather around the comparative study on the doctor-patient relationship and the legal framework, focusing on the English legal experience. Following the basic study on the general backgrounds and core concepts in English medical law in the first year, the recent trends toward patients'rights to self-determine in other jurisdictions, especially in the Australian courts as well as in the Canadian and the American courts, have been fully observed, and then the critical scrutiny of the English cases in which patients'interests as perceived subjectively would inevitably clash with accepted medical opinions has been promoted in the final year. Court-ordered Caesarean sections, refusal of medical treatment, discontinuation of treatment for PVS patients and human fertilization contexts as well as regular medical scenes are among examples of those tough cases the courts have to tackle with. In process of this research project I had opportunities to visit and stu
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dy further at the main British medico-legal centers including Cardiff Law School and could manage to collect so many essential materials on English medical law through several channels. Main results from this research are as follows. 1. Core doctrine : in order to balance patients'interests with accepted medical custom the English courts often use the phrase of the best interests of the patient, but this phrase leaves the uncertainty. 2. The courts' affirmative action : medical practice is subject to legal decision and it is the courts'duty to review the doctors'decisions in the light of all facts. 3. The criteria : some English courts delivered diligently the guidelines for future cases of court involvement in emergency medical practices. 4. Doctors'position : the idea that the fiduciary relationship as applied to doctors and patients may be a false dawn. As the next research schedule, promotion of further fundamental study on the legal compensation systems for medical harms in English law and in Swedish law, inter alia, should be highly expected along this project. Less
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Report
(3 results)
Research Products
(9 results)
