2006 Fiscal Year Final Research Report Summary
Civil Law Study on Genetic Medicine - Focusing on the English Law and the Swedish Law
| Project/Area Number |
17530067
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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 (80168286)
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| Project Period (FY) |
2005 – 2006
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| Keywords | genetic medicine / genetic information / medical injury / the patient / doctor relationship / patient's right / English medical law / medical law |
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| Research Abstract |
The aims of this medico-legal research gather around the comparative legal study on gene tic medicine as a whole, including genetic testing genetic diagnosis, gene therapy, and clinical research on gene therapy. This research has also a special linkage with my former researches on the patient/doctor relationship. While continuously pursuing a study on the English medical law and the Swedish medical law as my preceding researches, this project newly set its course to the fundamental problems arising from the accidents/incidents during the medical practices using gene technology. After the basic study on the general backgrounds and practices of genetic medicine, the main issues to be tackled with were realized as follows. 1. Peculiarity of gene medicine: medical practice with genetic technique has some unique points contrasting to normal (non-genetic) medical practices or not. 2. Difference of stages on genetic medicine: something specials to be considered are found between genetic testing/therapy and genetic research or not. 3. Special problems: a genetic practice (for example, PGD) has own legal matters or not. In process of this research 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. Genetic medicine basically has common legal settings with normal (non-genetic) medical practices except for genetic information. 2. In case of genetic research the patient/supplier of materials must be highly protected. 3. Special problems: some cases (including PGD case, right-not-to-know case) are worth studying further. As the next research schedule, inter alia, a promotion of fundamental study on the legal aspects of the genetic information, for instance, should be highly expected along the line of these research projects.
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Research Products
(6 results)
