The first affirmative decision of patient's self-determination right in The Supreme Court

IR

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  • 最高裁判所が患者の自己決定権を初めて認めた事例

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Abstract

The Supreme Court held in the case of blood transfusion-refusal of Jehovah's Witness at Feb. 29. 2000. It was the first time that The Supreme Court approved the blood transfusion-refusal of Jehovah's Witness. The plaintiff sued that the contract of blood transfusion-refusal was valid and the practice of blood transfusion without consent was default and tort. Tokyo District Court held the dismissal, for the contract of blood transfusion-refusal was invalid against public policy and the practice of blood transfusion without consent was adequate. But Tokyo High Court approved the plaintiff sue, for the practice of blood transfusion without consent was against the informed-consent or patient's self-determination right. The Supreme Court approved Tokyo High Court decision. And so, The Supreme Court decision in blood transfusion-refusal will not be limited with religious reason, and it will be thought that the informed-consent or patient's self-determination right was confirmed.

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