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 state, not a private law duty to individual patients.
The principle of freedom of contract means that the medical worker can refuse to enter into a contract at any time,
but if they do so without reasonable cause, they may be liable for damages depending on the situation.
Actually, a "lack of trust with the patient" is considered a reasonable cause (except in an emergency).
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.