Good Samaritan law

Ja.Wikipedia.Org / Wiki / Pasento E5 Pasento 96 Pasento 84 Pasento E3 Pasento 81 Pasento 8D Pasento

E3 Pasento 82 Pasento B5 Pasento E3 Pasento 83 Pasento 9E Pasento E3 Pasento 83 Pasento AA Pasento E3
Pasento 82 Pasento A2 Pasento E4 Pasento BA Pasento BA % E 3% 81% AE% E 6% B 3% 95

Item Is A This Description In Which The Subject Is Placed In Japan, There Is A Possibility That
Explanation From The Global Viewpoint Has Not Been Done. We Ask For Discussion In The
Note And Cooperation To The Development Of The Article . ( July 2011 )

The good Samaritan law (the good Samaritan laws, the good Samaritan laws, the good Samaritan law , and
the good Samaritan law ) is "to save people who have suffered a suffering or become suddenly ill if you the
good at faith of the action at If it fails to the person, even if the effect is that interpreted to be a commitment per
result "if it fails law is.There is an intention to promote the rescue of the injured or sick injured by a person (
bystander ) who was on the spot without losing the fear of being accused with false correspondence and
receiving punishment .

It has been enforced in the United States and Canada, etc. In recent years, discussion has been made as to to
which it should be legislated even in Japan.

Table of contents
[ Hide ]

Etymology [ edit ]
The following Parable , written in the Bible , comes from the name.

A man Jerusalem from Jericho was attacked by bandits on the road to go down to. Oguri took
away clothes, robbed money, and, in addition, made him injured and left behind.

The Priest Who Happened To Pass By Passed The Opposite Side. Likewise, The Levi People
Who Took The Street Pretended Not To See It. However, A Samaritan (*) Was Pity On Seeing
Him, Treated Himself For Wounds, Put It On His Own Livestock, Took Him To The Inn And
Carried Him Around. The Next Day, The Samaritan Handed Out Two Silver Coins To The
Innkeeper And Said It. "Please Give Me Anxiety. If It Is Not Enough, I Will Pay On The Way
Home. "

- Gospel according to Luke Chapter 10, verses 29 - 37

() "Samaritan" and "summary ya , but in some cases you are referred to as people," This is due to the publisher and translator
Japanese of katakana is a difference of notation, both have the same meaning.

For details, refer to " the parable of the good Samaritan "

Positioning [ Edit ]
" Good Samaritan 's law" is based on Good Samaritan Doctrine on Common Law ( UK and US Act ) and is
basically a civil concept. In Common Law , doing office work of another person without legal obligation or
authority may be regarded as being so Speak To, So To Speak, It Has Not Developed A System Equivalent To
Administrative Control Of The Continental Law . Therefore, This Doctrine Is Positioned As A Cause Of Reduction
Of Responsibility In The Tort Law Act.

In contrast, Japan in the headwaters of the legal system civil law in, relating to the processing in the case of the
1/6
duty or authority without someone else's office of legal emergency office management system that the Roman
law has existed since, in the There is It is positioned as the content of obligation of the person who controls the
clerk [ citation needed ] .

Canada [ edit ]

In Canada, Good Samaritan Law Is Set At The State Level. Each State Of The Law, Ontario [1] And British
Columbia [2] As The "Good Samaritan Acts", Alberta In The "Emergency Medical Aid Act" [3] , Nova Scotia in the
"Volunteer Services Act" [4] as.

In Quebec 's law, it is a trial by a citizen judge and citizens have general obligations as defined in "the Quebec
Charter of Human Rights and Freedoms" [5] . In British Columbia, there is an obligation to protect only if the child
Is in danger. [ Required citation needed ]

As a typical Canadian state law, describe Ontario 's "Ontario' s Good Samaritan Act, 2001, section 2" (2001
Ontario Good Samaritan Act).

Protection from liability

2. (1) Despite the rule of inquection (2) who voluntarily and without reasonable expectation of
compensation or reward provided the services described in that subsection is not liable for
damages that effect from the person's negligence in acting 2001, c. 2, s . 2 (1). [6] It Is Not Easy
To Understand That The Damages Were Caused By The Gross Negligence Of The Person.

Current situation in Japan [ edit ]

Unless otherwise noted, this section explains the laws and regulations in Japan. Also, it may not
reflect the latest law amendment. Please consult law-related experts about cases that you
encountered in reality. Please also read the disclaimer.

If the attending person makes some mistake and the patient is death or a consequence of a serious obstacle,
what is the responsibility of the caretaker? As described below, there is a theory that the provision corresponding
to " good Samaritan 's law" already exists in Japanese civil law, but there is no definite thing, it can not be said
that there is no possibility of being charged with responsibility .

Civil Law [ edit ]

Civil Code Article 698 is to emergency administrative There are provisions for, according to this, "the
administrator (who started the obligation without management of the office for others) is, his or her body, the
harm of imminent for the honor or property in order to make a real office management when the will, malice or
gross negligence unless they are, thereby are not responsible "to compensate the damage caused," the good
Samaritan in the common law by this provision There is a theory that makes it possible to realize what the
purpose of human law is. However, it can not be said that until a common belief at the moment, also does not
exist precedents on the civil [7] . In addition, for the establishment of exemption from emergency administrative
management, it is necessary for the caretaker to prove that there is no "gross negligence", and a slight heavy
proof burden is imposed on the caretaker.

Regarding whether the attending person is a doctor, it is a matter of obligation to respond to Article 19 of the
Doctor's Act as to whether it can be said that it is truly " an obligatory administrator ." However, when an accident
occurs outside the hospital and there is a disease outside the office There is no judicial precedent on doctor's
medical malpractice at this stage. Some district court precedents deny unlimited duty to respond to physicians,
but there are also doctrines that even immediate workers at home who are at home will be obligated to battle. In
2/6
cases where a doctor started treating a sick or injured person who fell down at the roadside, whether the
contract was established between the parties at the time of medical examination can be a problem point, and if
the establishment is approved, it can be asked for default of liability. If there is no contractual relationship when
errors occur, such as cases in accordance with the doctor calls the aircraft also tort the grounds damages claims
suit that is awakened is assumed, possible for the claim to be accepted There is sex [7] .

Criminal law [ edit ]

Penal Code In Article 37, the illegality of a bar to reason , which is one of the emergency evacuation There are
provisions for, "self or another person of life, the body, in order to avoid the current danger to freedom or property,
is forced to the act, which by "We will not punish only if the harm that occurred did not exceed the extent of the
harm we tried to avoid", while also stipulating that "it will not apply to those with special duties in business." In
criminal cases where modest operation is expected, although it is considered that there is a high possibility that
emergency evacuation is established and the illegality is likely to be restrained, there is no precedent case, too,
the harm that occurred and the harm that tried to avoid It is impossible to deny the possibility that a dispute will
arise in comparison with the balance of comparison with the duty of a special obligation on business due to the
establishment of an obligation to respond in the case of a doctor. In the unlikely event a bar to is not recognized,
corporate manslaughter , negligence resulting in death and injury crime , gross negligence resulting in death and
injury crime and can be established [8] .

Case [ edit ]

Although there are no judicial precedents, several cases of conflict have been reported in Japan.

"A late night in a certain summer evening , a sudden sick person occurred on the road in front of the
home clinic in Japan.It was consid- ered that a doctor in the clinic examined, and it was judged
impossible to intubate with the finding that the upper airway obstruction is suspected.It is impossible to
arrange, in the neighborhood of the university for the transfer emergency medical center in the phone, the
patient breathing remains of the intake is no longer respond to call to stop. (in a state in which the neck is
swollen, without any elevation of the Adam's apple, Although there was a difficult state tracheostomy,
without being permitted as possible of grace,) emergency a tracheotomy performed, but tracheotomy
itself was successful, would damage the blood vessels, excessive bleeding died. the doctor wait had is,
by the police work on the manslaughter investigation by the suspicion of a, and further, Touya, was
Torisuga' only that "please help" to the doctor from the wife of a patient lawyer through the damages
through claims It was. "(Takaaki Hiranuma a" good Samaritan law is necessary or "Weekly Medical
History first 170 No. pp953-955, 1994 years)
"How long is the frequency of accidents occurring in the plane? When I asked the acquaintance former
stewardess , I heard that four emergencies occurred in the four years she worked. About once, an elderly
doctor gave a name it seems to have lifted, but the patient at that time Unfortunately myocardial infarction
became a people that does not go back in. Surprisingly, the bereaved is to question the treatment of a
doctor, temporarily went up in litigation commotion , but somehow it It seems I have subsided. "
(Yoshio Matsuda" Event in the cabin "Japanese Medical Journal No. 3629 pp 52 - 53, 1993)
Although a firefighting commander qualified as an emergency life-saving person performed emergency
measures in the case of a traffic accident encountered in private, it received a disposition of six months
suspended as "there is a possibility of being in violation of related laws and regulations ." ( Ibaraki
Shimbun May 31 (Tuesday) fire department suspended for life-saving measures outside the office 6
months Ishioka city )

Relationship with doctor's consciousness [ edit ]

For example, according to a questionnaire survey conducted to doctors in Japan [7] , when you hear "Answer"
Doctor Call "in the aircraft" Doctor in the customer does not come " In response to the question "Do you want
your hands to go?" Although about all the doctors who responded knew the above provision and concept of

3/6
emergency administrative management, about 40% answered "give hands" He said that a majority said that it is
necessary to legislate "good Samaritan law".

This is when the airlines of the country has been depending on the time of the so-called doctor call, while the
airline also passed away victim had said it would guarantee its act, "doctors and the domestic airlines nurses
who have come forward, etc. It is considered that there are many passive responses from the risk of being
charged with legal liability. Also on international flights, outside the United States doctors' legal liability issues do
not have unified views between clear laws or lawyers, and even which country laws apply. In fact, in the
questionnaire above, it says that "law" was cited as reason why two or three doctors do not respond to doctor
call.

In a more recent questionnaire survey [9] , 89% of physicians put emphasis on the medical malpractice problem,
and one out of four doctors who had responded to doctor call said "I will not respond to the next opportunity"
Answers. "I neglected appropriate treatment, I can interpret that there is a high probability of life that could be
saved, there is an obligation to respond, it is a criminal in the blink of an eye" "From the current state of
Japanese judiciary, "It is unlikely to be questioned in the current world and in the press coverage of the press,"
absolutely does not respond ", and it is understood that there is also the present condition that the way of judicial
/ medical reporting in recent years hindered the victim's rescue .

Discussion on legislation [ edit ]

In the United States of America , which is the medical advanced nation and the number of litigation in the world,
the statutory law based on Good Samaritan doctrine exists in most provinces, and the handler is concerned with
a case in case of a misunderstanding as a third party with good faith It is in a state where treatment can be given
to the victim without doing it. Given the existence of the above cases, there are voices calling for enactment of
the law in Japan in recent years in this meaning.

Legislation-free theory
It is a lawyer who mainly insists that legislation of the law is unnecessary, mainly not directly
related to the life-saving site . As mentioned above, there is a high possibility that it will be in time for
regulation on emergency administrative management without new legislation. In fact, even if some kind of
physical disability remains after resuscitation with provision of life saving allowance, based on good will It
is the leading theory of law scholars to assume that if it is civil as well as criminal in current Japan in case
of things . In fact, even in the "Guidelines for Emergency Resuscitation Law" jointly compiled by the
National Police Agency , the Fire and Disaster Management Agency , the Ministry of Health , Labor and
Welfare , the Japan Medical Association , the Japanese Red Cross Society, etc. for secondary damage
and sequelae by life saving allowance Exemption is clearly stated. In addition, there is no case that there
is an example in which some kind of physical disability remained after resuscitation with a life saving
allowance, and the responsibility was questioned [10] .
In the case of rescue activities by citizens (not medical staff), the " Committee for First Aid Promotion
Policy Committee by Citizens at the Traffic Accident Site" (formerly the Admin Office) stated that "in most
cases, due to emergency administration of the current law, The scope of immunity is quite wide "," It is
necessary to continue careful consideration including compensation relations etc. as a future issue, but at
this time there is no need for new legislation or legal revision, It is necessary to emphasize that
dissemination system in the current law should be disseminated " [8] .
Requiring legislation
As stated above, it is mainly the people in the field such as resuscitation educators, life support
activists, etc. who claim to legislate the law . According to the statistics of the Ministry of Internal Affairs
and Communications, the proportion of injured people who were given first aid at the site is only 30%. The
other 70% was not receiving any allowance. The reason that it is troubled if putting out wrong and making
it worse creates many "bystanders" [11] . The doctrine of the law official that "It is thought that it is
considered to be indemnified even if sued" is only a theory, there is no guarantee that the lawsuit is raised
after taking allowances in the future and there is no obligation for responsibility It is not necessarily trusted
by ordinary citizens, including doctors who are professionals [9] . Therefore, there are voices that promise
4/6
 rescue promotion not only by the general public but also by medical experts as legitimization of good
Samaritan law as a single law or article [12] .
Also, in considering the "Comparative Law Study Group on First Aid Disclaimer" (Former Administrative
Agency ), the enactment of "Good Samaritan's Law" (1) leaves no room for considering whether it is
emergency administrative management or 2) Experts such as doctors / nurses / emergency life-saving
persons are also subject to this law, (3) even if they are asked for by the injured or sick and treated, they
are also exempted, (4) For reasons such as being unnecessary to ask, in Japan we also conclude that the
law equivalent to "good Samaritan's law" is necessary and present a proposal [13] .

References [ Edit ]

[ Help ]

1. ^ " Good Samaritan Act, SO, 2001 (Ontario E - laws website) ". Viewed October 10, 2008 .
2. ^ " Good Samaritan Act [RSBC 1996 CHAPTER 172 (British Columbia Queen's Printer website)]".
Viewed October 10, 2008 .
3. ^ " Emergency Medical Aid Act (Alberta Queen's Printer website ". Viewed October 10, 2008 .
4. ^ " Volunteer Services Act 'Good Samaritan' RSNS 1989 (amend. 1992) (Nova Scotia Legislature
website) ". Viewed October 10, 2008 .
5. ^ " Good Samaritan Law from The Canadian Association of Food Banks ". Canadian Association of Food
Banks (via Internet Archive). Archive from the original as of December 17, 2007 . View on 20th October
2008 .
6. ^ " Good Samaritan Act, 2001 Queen's Printer for Ontario, 2005 ". Viewed December 26, 2005 .

7. ^ A b c Medical Information Net at University Hospital "Doctor's Consciousness Survey on Emergency

Medical Assistance in Aircraft - Is Samaritan's Law Necessary Needed?"

8. ^ A b Citizen 's First Aid Promotion Measures at the Traffic Accident Site Summary of Committee Report .
Pre-hospital care 7: 3 No. 14 83-86, 1994

9. ^ A b Feature: Do you accept "Doctor Call"? -758 people's consciousness survey and experience stories.
Nikkei Medical, 2007.5
10. ^ Disaster Prevention / Crisis Management e College - When You Call Emergency Knowledge Course
Lifesaving Allowance
11. ^ Higuchi Norio: Review of the Good Samaritanese Act (Japan Version), Juristo 1158, 1999, 69-71
12. ^ Seto, hoping for the formation of the good Samaritan Act, Monthly Fire Vol. 21, No. 8, 1999, 89-94
13. ^ Emiko Kubono: A good neighbor's bill, Jurist 1158, 1999, pp. 78-83

Related items [ edit ]

Defense medical
The bad Samaritan law - versus concept. Those that add legal sanctions if a third party fails to rescue a
guardian

5/6
 [ Hide ]
Emergency medicine ( emergency medical care )

Pre-
Hospital Bystander
Relief
(JPTEC)
Emergency
room

Medical
institution

Primary life International guidelines - cardiopulmonary resuscitation - first aid

support - first aid - automated external defibrillators - the law of RICE -
treatment hemostasis

Curler's lifesaving curve - life - saving chain

Initial
clinical
practice
(JATEC)

Disaster
medical

Military
medicine

Clothes / Infection control clothing - garment

Equipment

Related
item

6/6