- I got arrested and detained at Kitazawa Police Station of the Metropolitan Police Department for violation of the Medial Practitioners Act by having conducted art makeup at the beauty salon…
- A nurse at the clinic that I run injected the wrong patient. I am afraid that I would face criminal responsibility as a manager of the clinic…
- A patient became ill suddenly after surgery at the hospital in Eto-ward, Tokyo and died. The family of the deceased with their lawyer filed a criminal complaint stating that the doctor is on suspicion of causing death through negligence in the pursuit of social activities to Fukagawa Police Station of the Metropolitan Police Department…
1. Violation of Medical Practitioners Act, Medical Accidents, Malpractice
The cases of violation of the Medical Practitioners Act, medical accidents, and malpractice relate to the Medical Practitioners Act and causing death or injury through negligence in the pursuit of social activities (the former part of Article 211 of the Penal Code).
2. Violation of Medical Practitioners Act
The Medical Practitioners Act prescribes the qualification, licensing examination, and practice of the doctor and criminal punishment. When those other than doctors practiced medicine, used the title of the medical practitioner or other confusing title, or treated without evaluation by a doctor, the Medical Practitioners Act could be violated.
A) Medical Practice by Those other than Doctors, Limitation to Use the Name of Doctor
Article 17 of the Medical Practitioners Act provides that “No person except a medical practitioner shall engage in medical practice”.
When a person other than the medical practitioner engaged in the medical practice, the person would be punished by imprisonment with work for not more than three years, or a fine of not exceeding 1,000,000 yen, or both. (Article 31(1)(1) of the Medical Practitioners Act)
There are cases that a person who was not the medical practitioner carried out art makeup (injecting pigment into eyebrow and eyes with a needle) and the person was arrested for the violation of Medical Practitioners Act. Art makeup is to inject pigment into human skin with a needle. A person other than the medical practitioner cannot conduct art makeup because it is the medical practice.
In this case, if the person who was not the medical practitioner used the title of the medical practitioner or a similar title, the punishment is to be aggravated: imprisonment with work for not more than three years, or a fine of not exceeding 2,000,000 yen, or both. (Article 31(2) of the Medical Practitioners Act)
When a person who is not the medical practitioner used the title of the medical practitioner or a similar title, the person could be punished by a fine of not exceeding 500,000 yen. (Article 33(3)(1) of the Medical Practitioners Act)
B) Violation during the period Medical Practice-Suspension Order
When a person who has been ordered to suspend his/her medical practice has engaged in medical practice during said period of suspension, the person would be punished by imprisonment with work for up to one year, a fine of up to five hundred thousand yen, or both. (Article 32 of the Medical Practitioners Act)
C) Prohibition of Medical Care Without Examination
No medical practitioner shall provide medical care or issue a medical certificate or prescription without personally performing an examination, nor shall he/she issue a birth certificate or certificate of stillbirth without personally being in attendance at the birth, nor shall he/she issue an autopsy certificate without personally performing the autopsy. (Article 20 of the Medical Practitioners Act)
When the medical practitioner violates the prohibition, he/she will face a fine of not exceeding 500,000 yen. (Article 33(3)(1) of the Medical Practitioners Act)
▼Summary of Case of Violation of Medical Practitioners Act
| Act that may constitute a crime | Punishment / Statutory Penalty |
|
Medical Practice by a person who is not the medical practitioner (Article 31(1)(1) of the Medical Practitioners Act) |
Imprisonment with work for not more than three years, a fine of not exceeding 1,000,000 yen, or both. |
| A person who is not the medical practitioner has conducted the medical practice and used the title of the medical practitioner or similar title. (Article 31(2) of the Medical Practitioners Act) | Imprisonment with work for not more than three years, a fine of not exceeding 2,000,000 yen, or both. |
| A person who has been ordered to suspend his/her medical practice has engaged in medical practice during the period of suspension (Article 32 of the Medical Practitioners Act) | Imprisonment with work for not more than one year, a fine of not exceeding 500,000 yen, or both. |
| A person used the title of medical practitioner or similar title.Violation of the prohibition of medical care without examination (Article 33(3)(1) of the Medical Practitioners Act) | A fine of not exceeding 500,000 yen. |
3. Medical Accidents and Malpractice
Medical accidents and malpractice come down to causing death or injury through negligence in the pursuit of social activities (the former clause of Article 211 of the Penal Code).
The crime of causing death or injury through negligence in the pursuit of social activities is the crime to be established by having failed to exercise due care required in the pursuit of social activities and thereby caused the death or injury of another.
In the case of medical accidents and malpractice, there is a possibility that when the patient has passed away, the medical practitioner would face “causing death through negligence in the pursuit of social activities”, and that when the patient has not resulted in death, the practitioner would be charged with “causing injury through negligence in the pursuit of social activities”.
The statutory penalty of causing death or injury though negligence in the pursuit of social activities is imprisonment with/without work for not more than five years or a fine of not exceeding 1,000,000 yen (the former clause of Article 211 of the Penal Code).
~Defense Activities in Case of Violation of Medical Practitioners Act, Medical Accidents, Malpractice~
1. Defense Activities Aiming at Non-Prosecution, Suspended Sentence, or Acquittal
Regarding the cases of violation of the Medical Practitioners Act, Medical Accidents, and Malpractice, the defense tactics differs between the case of violation of the Medical Practitioners Act as a crime of intent and the case of medical accidents and malpractice as a crime of negligence.
When the suspect knows nothing about the case of violation of the Medical Practitioners Act, the lawyer will persuasively assert that there was no intent to violate the Act.
In the case of medical accidents and malpractice, the lawyer carries out the proper defense activities cooperating with the experts about existence or non-existence of violation of a duty of care and the causal link.
If got the decision not to prosecute, the suspect will not face a criminal trial nor have a criminal record. The suspect can return to the society quickly.
2. Early Release
In case where the police investigated in the case of violation of the Medical Practitioners Act, Medical Accidents, and Malpractice, the police would arrest the suspect. Once get arrested, the suspect could be detained at largest for 23 days after arrest and detention for investigation and interrogation.
If the suspect or his/her family consult with a lawyer, the lawyer will work on the investigative authority to investigate the case without physical restraint of the suspect such as arrest or detention or prevent the detention followed by arrest.
3. Pay the Damage and Settlement Negotiation
In case where the suspect admits the fact in the case of violation of the Medical Practitioners Act, Medical Accidents, and Malpractice, the lawyer aims at obtaining non-prosecution or reduction of sentence by apologizing to the victim or negotiating for the settlement with the victim. Please leave apologizing and negotiation to the lawyers. The direct talk between the parties may make them get emotional so that it is difficult to carry out the negotiation itself. Apology to the victim and the settlement with the victim are accomplished, the possibility of the non-prosecution or suspended sentence is raised.
You can receive the best advice by the lawyers of the AICHI Criminal Cases Law Firm, who have rich experience in the case of violation of the Medical Practitioners Act, Medical Accidents, and Malpractice.
The lawyers specializing in criminal and juvenile cases personally provide with the “free consultation”. When the suspect was arrested, we also provide for “the first interview service” which at the shortest on the day, the lawyer goes to a detention facility where the suspect is.
