インフォームド・コンセントにおける法と倫理

概要

論文の詳細を見る
Concerning the issue of Informed Consent, it is still common in Japan for ethical standpoints tobe easily affected by the legal viewpoint, though law and ethics should be under different jurisdictions. In the dispute about actual legal judgments, there are three points at issue. They are as follows: 1) Respecting doctors' judgments as professionals 2) Patient responsibility, based on the premise that patients can deal with their medical situation rationally 3) Respecting the understanding and judgment of individual patients Each point has its own merit and demerit, but the author thinks that the third idea, that is, respecting individual patient's understanding and judgment, is the most suitable when considering the concept of Informed Consent from the ethical point of view. Under the present situation, when we looked into prior judicial precedents, judgments have mainly been made on the basis of the first idea of respecting professionals' opinions. Furthermore, there are some cases where judgments were made from an ambiguous viewpoint, mixing the two or three points mentioned above. Under these circumstances, the author thinks that, in Japan, ethics should voice more about the issue of Informed Consent, and should make efforts to bring judgments based on Informed Consent closer to the ideal and appropriate form regardless of any legal dispute from the past.
日本医学哲学・倫理学会の論文
2002-11-10