日本精神科行政訴訟法事例【寰宇醫事裁判】 試閱
A Case about Administration Procedure concerning Psychiatrist in Japan
申訴人X為指定精神專科醫師，於醫師A欲申請為指定精神科專科醫師時所提交的病例報告書上簽名，但經審查後發現醫師A並未充分參與診斷或治療，X怠於身為主治醫生的指導和確認義務之責，此舉可能造成行政機關在指定精神科專科醫師時的誤判。因此厚生勞動省以醫師法規定，處分X停止執業一個月；X不服並向法院聲請停止執行。法院認為停業處分將損害X與其病人間之信任，無法藉由勝訴或金錢補償，難以恢復；審酌X違規行為之嚴重程度、對公益影響之可能，並無非停業不可的理由。因此，法院暫停停業處分。
Appellant X, a designated psychiatrist, signed the case report submitted by physician A. After reviewing, it has been discovered that A didn’t attend sufficiently the diagnosis or the treatment. X was negligent in his duty as an attending physician to provide guidance and confirmation, which might cause the administrative agency to misjudge the designation of a psychiatrist. The Ministry of Health, Labor and Welfare therefore suspended X from practice for one month according to the Medical Practitioners Act, but X appealed to the court for suspending the execution. The court held that the suspension would damage the trust between X and his patients, and could not be restored by winning a lawsuit or by monetary compensation. Therefore, the court suspended the execution.
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