2004 Fiscal Year Final Research Report Summary
No-Fault Compensation Schemes for Medical Injuries-Focusing on the English and Swedish Law
| Project/Area Number |
15530066
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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) |
2003 – 2004
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| Keywords | medical injury / no-fault compensation / patients' rights / the doctor / patient relationship / English medical law / Swedish medical law / medical law |
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| Research Abstract |
The aims of this research project gather around the comparative study on no-fault compensation schemes for medical injuries, focusing on the English and Swedish legal experiences. Regarding the traditional tort (negligence) compensation system for injuries arising from medical treatment as harmful, unpredictable, and unjust for the doctor/patient relationship, nowadays the strong current toward reforming the system has been appeared around the globe. In reforming the existing system, lessons may be learned from experience in other countries. While continuously pursuing a study on the English medical law as my preceding researches, this project newly sets its course to the Swedish medical law as an indispensable object. Following the basic study on the general backgrounds and core concepts of the legal frameworks on compensation for injuries arising from clinical settings both in English and Swedish law in the first year, the recent developments toward no-fault compensation schemes in b
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oth countries have been fully observed. In process of this research project I had opportunities to visit and study further at the main British medico-legal centers including Cardiff Law School and at Uppsala University in Sweden, and could manage to collect so many essential materials on medical law as a whole. Main results from this research are as follows. 1.English law : from 80's against a trend for reform of the medical negligence compensation system has been occurred and especially now, through the white paper, some no-fault compensation models have been vigorously considered. 2.Swedish law : from 70's against a development of the insurance schemes, the Swedish style of no-fault compensation, the Patient Compensation Insurance(PCI), has been expanded. 3.Variations : no-fault compensation schemes for medical injuries so many countries and jurisdictions have introduced. We may, therefore, scrutiny the differences in their scope and in the eligibility criteria used each other for deeper thinking. As the next research schedule, inter alia, (i)a promotion of further fundamental study on the legal compensation schemes for medical injuries and (ii)a specific study on the legal aspects of the gene medicine, for instance, should be highly expected along the line of this research project. Less
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