The Patient's Self-determination and the Role of the Courts in English Law

英国法中患者的自决权和法院的作用

基本信息

批准号：
11620045
负责人：
ISOGAWA Naoyuki
金额：
$ 1.66万
依托单位：
KYUSHU UNIVERSITY
依托单位国家：
日本
项目类别：
Grant-in-Aid for Scientific Research (C)
财政年份：
1999
资助国家：
日本
起止时间：
1999 至 2000
项目状态：
已结题

来源：
https://kaken.nii.ac.jp/grant/KAKENHI-PROJECT-11620045/
关键词：
English Medical Law Patient's Self-determination Medical Law Doctor's legal Responsibility English Civil Law

项目摘要

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 … More 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

对患者自决权的比较研究，遵循第一年的一般背景和关键概念的基础研究。澳大利亚的法院以及Anes的内部法院都得到了充分的观察，并且对患者的最大利益的审查将不可避免地与公认的医疗意见相冲突。在英国主要的医疗机构法律中，对PV和人类受精疾病的信任是艰难的案例。通过这项研究的严重性渠道。在法律裁决和法院在LICTS 3中审查该迪克的裁决的义务的前提下，标准：一些英国法院交付的一些法院向未来法院参与出现医疗惯例的指导方针提供了指南。医疗保健法似乎是不可避免的，我们的主题将超出下一个日程安排。