2013 Fiscal Year Final Research Report
Study on infringement on a considerable possibility
| Project/Area Number |
23730081
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Civil law
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| Research Institution | Otaru University of Commerce |
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Principal Investigator |
HAYASHI Seiji 小樽商科大学, 商学部, 教授 (20344525)
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| Project Period (FY) |
2011-04-28 – 2014-03-31
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| Keywords | 民法 / 不法行為 / 医療過誤 / 相当程度の可能性 |
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| Research Abstract |
My study has especially the two points.The first point concerns the requisites to have a claim because of infringement om a considerable possibility(Soutouteido no kanousei).The second point concerns the elements to distinguish the cases of a considerable possibility from the cases in which plaintiff has a claim because of infringement on life.
First,we must protect a trust in a doctor who can control the risk of disease in order that we protect the highest grade of profit,namely life.Therefore plaintiff has a claim because of infringement on a considerable possibility whether there were the probability of his survival,when the doctor neglected an
effective medical treatment.Second,there is no room for a claim because of infringement on a considerable possibility when plaintiff has a claim because of infringement on life.That is to say,when we are not allowed from the angles of substantive law and procedural law to impose the risk of indeterminableness on patients.
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