2014 Fiscal Year Final Research Report
Research on Doctor's Civil Liabilities in Australia
| Project/Area Number |
24653027
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Multi-year Fund |
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| Research Field |
New fields of law
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| Research Institution | Ritsumeikan University (2014)
Ryukoku University (2012-2013) |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 医事法 / 医師民事責任法 / オーストラリア / 機会喪失論 / 専門訴訟 / 相当程度の可能性 / 鑑定 / 医療過誤 |
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| Outline of Final Research Achievements |
This research is conducted in the area of substantive law and procedural law. In the area of substantive law, this study found that the High Court of Australia denied the Loss-of-Chance doctrine in the judgment ruled in 2010. Comparing it with the doctrine of “Significant Possibility” (Soto Teido no Kanosei) and “Right of Expectation” (Kitaiken) adopted or referred by the Japanese Supreme Court gives valuable suggestions.
In the area of procedural law, Australian courts adopt the method called “Concurrent Evidence” which examines multiple experts simultaneously in the courtroom. Tokyo District Court Medical Case Division uses the method called “Conference Evaluation” (Conference Kantei), which is partly similar to “Concurrent Evidence”. Both method aim for same purpose making it easy for judges to understand cases and decide better.
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| Free Research Field |
民事訴訟法，医事法
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