| 英文摘要 |
Japan’s medical system reform had begun since 1997, with patient medical expense ratio increasing from 10% to 20%, and rising to 30% in 2002. On the other hand, government medical expense decreased 2.7% in 2002 and 3.16% in 2006. Although the goal of the government policy is to prevent illnesses arising from daily habits and decrease inpatient days, such Koizumi style “medical reform” had caused the following: reduction of highcost medical equipment utilization rate in medical clinical use; decrease in high-cost medicine utilization rate; decline in outside patients; decrease of inpatient days; change in ways medicines are used; inclination of biochemical test items to become low-cost, basic, and non-precise, rather than high-cost and highly precise; emergence of video examinations; home medical treatment and other phenomena and issues. These have all impacted aspects of traditional medical service contract law, such as the relationship among traditional medical institutes and their employees, medical contract concluding mode (doctor-patient relationship), the extent of doctors’ obligation to explain, the benchmark for the quality of medical service, patients’ exercise of their autonomy, among others. The suitability and interpretation of these aspects have given rise to many problems. The present thesis discusses issues related to medical service law under 2016 Japan’s traditional medical service system. Furthermore, noteworthy issues of medical service contract under Japan’s new medical reform will be discussed. |
