The Ministry of Health, Labor and Welfare has conducted a survey on end-of-life care for the public approximately every five years since 1992. So far, a total of seven surveys have been conducted. Recent surveys suggest that many members of the public prefer to spend their end of life in places other than medical institutions, such as care homes for the elderly or their own homes, if they were to develop dementia in the future.
However, because doctors are not always available at non-medical institutions, which may prevent them from promptly diagnosing death, and because of misunderstanding regarding Article 20 of the Medical Practitioners Law, it has been reported that some patients are forced to be hospitalized at a medical institution during the end of their lives, and the medical institution becomes their place of death.
Therefore, this paper discusses the general public's opinions regarding the final place of life based on the results of the above-mentioned survey by the Ministry of Health, Labor and Welfare, interprets Article 20 of the Medical Practitioners Law on (a diagnosis of death and) death certificate, and explains the related notification by the Ministry of Health, Labor and Welfare.
Medical Practitioners' Act, Article 20
No medical practitioner may provide medical treatment or issue a medical certificate or prescription without personally performing a medical examination, nor issue a birth certificate or certificate of stillbirth without personally being in attendance at the birth, nor issue a certificate of post mortem examination without personally performing the fact examination; provided, however, that this does not apply to a death certificate that has been issued where a patient undergoing medical care has died within 24 hours of the medical examination.
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