Medical liability in Japan

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;

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