October 6, 2023 : Legal Basis for Refusing Patient Harassment (In Japan)
© 安岡喜晴 (JoyShine)
We discussed patient harassment.
The physician's duty to provide medical care is a public law duty to the nation, not a private law duty to individual patients, so any dispute is a civil dispute.
Principle of freedom of contract indicates that the medical worker can refuse to accept the contracts at any time,
but if they do so without reasonable cause, they may be liable for damages depending on the situation.
Actually, the situation of "lack of trust with the patient" is considered as a reasonable cause.
The right to manage the facility means that the manager of the facility can determine who is allowed to enter.
For example, a manager can refuse entry to a person who refuses to wear a mask.
I believe that if the above mentioned legal basis can be used successfully, we can deal well with harassing patients.