Academic Thesis

Basic information

Name Watanabe Takehisa
Belonging department
Occupation name
researchmap researcher code B000372637
researchmap agency Okayama University of Science

Title

Legal Considerations for Judgements Regarding Violation of Veterinarians’ Obligation to Explain-Preliminary Research on Informed Consent in Veterinary Medicine-

Bibliography Type

Sole Author

Author

Takehisa WATANABE

Summary

This paper aims to analyze the obligation to explain in veterinary medicine through case law analysis. As a result, there is clearly the obligation, except in emergency. Formally, the obligation is based on the principle of good faith as stipulated in Article 1, Paragraph 2 of the Civil Code. Substantially, the obligation to explain is based on the right of self-determination of the owners of pet animals or the right to property for other animals. Veterinarians must explain (1) the medical condition, (2) method of treatment, (3) risks of the chosen treatment, (4) details and risks of other treatments and their benefits and disadvantages, (5) prognosis, and (6) cost of each treatment. The court recognizes a causal relationship between the veterinarian’s breach of the obligation and the damage caused to the animal. However, a causal relationship should also be recognized between the violation of the obligation and the violation of the right to choose a treatment.

Magazine(name)

岡山理科大学紀要 第59号 B

Publisher

Volume

Number Of Pages

第59号

StartingPage

45

EndingPage

64

Date of Issue

2024/01

Referee

Not exist

Invited

Not exist

Language

Japanese

Thesis Type

ISSN

DOI

NAID

PMID

URL

J-GLOBAL ID

arXiv ID

ORCID Put Code

DBLP ID