| Project/Area Number |
11620045
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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, Graduate School of Law, Professor, 大学院・法学研究院, 教授 (80168286)
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| Project Period (FY) |
1999 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥2,600,000 (Direct Cost: ¥2,600,000)
Fiscal Year 2000: ¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 1999: ¥1,400,000 (Direct Cost: ¥1,400,000)
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| Keywords | English Medical Law / Patient's Self-determination / Medical Law / Doctor's legal Responsibility / English Civil Law |
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| Research Abstract |
The aims of this reseach project gather around the comparative study on the patient's right of self-determination, focusing on the role of the courts in English medical law. Following the basic study on the general backgrounds and key concepts in English medical law in the first year, the recent trends toward the patient's autonomy in other jurisdictions, especially in the Australian courts as well as in the American ones, have been fully observed, and then the scrutiny of the English cases in which the patient's best 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 owing to religious reliefs, discontinuation of treatment for PVS patients and human fertilisation cases are among examples of those tough cases the courts have to tackle with. In process of this research I had oppotunities to visit and study further at the main British medico-legal cen
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tres including Cardiff Law School and I 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 practice 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 court's duty to review the doctor's decision in the light of all facts. 3. The criteria : some English courts delivered deligently the guidelines for future cases of court involvement in emergency medical practices. 4. Medical law's future : a gradual shift from medical law to health care law seems inevitable and our subjects to promote would be beyond the clinical medical context. As the next schedule, promotion of further fundamental research on the patient-doctor relationship in English law should be highly expected along this project. Less
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