2007 Fiscal Year Final Research Report Summary
A Research on the establishment of legal system with regards to self determination right in the fields of Bioethics
| Project/Area Number |
18530081
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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 |
New fields of law
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| Research Institution | Kobe University |
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Principal Investigator |
TEJIMA Yutaka Kobe University, Graduate School of Law, Professor (90197781)
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| Project Period (FY) |
2006 – 2007
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| Keywords | Self-determination rights / duty to inform / Bioethics / Informed Consent / Legal system / Civil Liability |
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| Research Abstract |
The research conducted with the grant-in Aid for Scientific Research (C) of the Japan Society for the Promotion of Sociences (JSPS) for two years and tried to establish a legal system of self determination rights in the fields of Bioethics. Throughout the research periods between 2006 and 2007, the research mainly addressed on statutes, scholarly opinions, courts judgements in Japan, the United States, Canada, Germany, and the Netherlands. Although to practice self determination rights become a sort of trend in medical setting, some doubts are expressed because self determination rights do not always bring welfare to the patients.
Outcomes of the research are published in following articles:
Human images on Medical Law, which refer to the human images in medical law and discusses the difference between actual human being and images on the self determination rights supposes.
Decision making on medicine and the Law, which introduces the idea and statutes of Shared Decision Making that are practiced in the United States, Canada and European countries in medical setting.
Duty of information before the preventive operation, which is the case note of the Supreme Court on October 27, 2006, treats the acquisition process of patient's informed consent. It says it is substantial for the idea of informed consent to give patients proper opportunity to decide their treatments that satisfy their own lifestyle.
Note, Recent Developments Concerning a Doctor's Legal Duty of Explanation after Medical Treatment in Japan written in English, treats the duty of information after the medical accidents.
In addition to these articles, “Recent movement on Civil Liability on Medical Malpractice" discusses Civil Liability on medical malpractice in Japan and foreign countries, Introduction to Medical Law 2^nd ed added some information in preparation for the revise of new edition.
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