Legal & Ethical Challenges of End-of-Life Care in Japan

Futoshi Iwata

This presentation discussed about the current situation of the role of law in end of life medicine and care in Japanese Super Aging Society. More than one fourth of the population is now over age of 65 in Japan. But there is no natural death act nor advance directive & medical Guardian legislation. Criminal law still plays important role and some doctors/nurses hesitate to terminate life-sustaining treatment because they worry about criminal prosecution even though the termination is a patient’s wish or best interest. Currently the reform of so-called “Process Guideline” of the Decision-Making for Terminal Stage Medicine is under way at the Health Department’s committee. It discussed how Japan is trying to resolve these challenges including the new Process Guideline.

Futoshi Iwata is a Professor at Sophia University in Japan. His main research area is the judicial system in the United States, particularly the jury system. In more recent years, he has been researching the medico-legal issues in the United States and Australia. His recent publication includes 'Medical Error as Reportable Event, as Tort, as Crime: A Transpacific Comparison' (Widener Law Review, Vol. 12. Pp. 189-225, 2005. Last revised 33 March 2013)