医療倫理問題における中間的な倫理規定について : 説明義務の研究

抄録

Informed consent is the concept that has already been established in the Helsinki Declaration and Lisbon Declaration, and its necessity is now widely understood in Japan. There is a difference, however, between the principles of the declaretions and the actual medical situation. This is often true in various cases of medical ethics. It is the present situation in Japan that the ethical standards are connected with ambiguous descriptions such as "case-by-case" and emotional standards such as a doctor's sympathy for a patient and his or her death. In this report, the author tries to establish the ethical standards for informed concent so as to combine the principles of the declarations with the respective cases. It is stated that informed consent is to maintain the collaboration between the patients and medical staff by studying the Law of Moses. It is also stated that the maintenance of the medical standard including informed consent be considered from the viewpoint of ethics. In this report, the author analyze the ethical thoughts in the judicial precedents whose issues of law is in violation of informed concent. This maintenace of the medical standard itself is just the ethical standards combined with the principles of declaration, the actual medical situation and judical process.