2009 Fiscal Year Final Research Report
Legal structure and role of medical remedy - aspects of compensation and insurance
| Project/Area Number |
20730085
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
New fields of law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
HATANAKA Ryoko The University of Tokyo, 大学院・公共政策連携研究部, JST受託研究特任研究員 (10436503)
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| Project Period (FY) |
2008 – 2009
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| Keywords | 被害者救済 / 賠償と補償 / 無過失補償制度 |
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| Research Abstract |
In Japan, there is the issue whether practitioners should have legal responsibilities for medical occurrence. The accident investigation system is proposed instead of pursuing legal responsibility. Some say medical remedy should be transferred to compensation scheme, not to law suits.
Establishment of no fault compensation had been aimed to be separable from legal responsibilities and cause investigation, but recent obstetric no-fault compensation work together with the functions of legal responsibilities and cause investigations. That is Japan try to take control of investigation by public sector , compared with other countries, despite that it takes a lot of time and cost for the end of cases. This scheme offer involvement of academic societies and special advisory board of medical safety.
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