Those interested in comparative law and medical liability will note a paper by Professor Tetsuro Hirano published in the most recent edition of Ritsumeikan Law Review.
Entitled A structure of doctor’s civil liabilities: In search of a contract-based uniform legal framework best serving both doctors and patients, the paper includes reference to Japanese law treatments of:
- Availability of claims both in contract and tort;
- The burden of proof;
- Alternate approaches to causation, based on chances; and
- The infringement of patient’s expectation as a form of loss of chance;