For Immediate Release
November 18, 1999

Japan Supreme Court to rule on patient's
right to choose medical treatment

An upcoming decision by the Supreme Court of Japan could lead to greater respect for a patient's right to self-determination, moving Japan closer to international standards of patients' rights.

The case of Takeda v. The State involves a patient's right to decide for herself whether to accept a medical treatment. In 1992, Misae Takeda, a 63-year-old cancer patient, received an unwanted blood transfusion during surgery, after her physicians had promised that they would not give her one.

On February 9, 1998, the Tokyo High Court handed down a landmark decision upholding Takeda's right to informed consent. The defendants, who are the state-run hospital and three physicians who treated Takeda, have appealed to the Supreme Court.

"When what a doctor thinks is the best treatment is in conflict with a patient's values, how should the doctor act or what rights does a patient have?" asked The Asahi Newspaper in an editorial. "Such an issue has been taken up directly in this court case."

Doctors in Japan have traditionally felt that they have the right to withhold information and to make medical decisions for the patient. A Supreme Court decision in Takeda's favor would bolster the growing trend toward respect for patients' rights.

This is the first case in Japan where a civil charge has been made against physicians for giving an unwanted blood transfusion. Takeda, who is one of Jehovah's Witnesses, made her wishes clear to the hospital and to her physician both orally and in writing, said her attorney, Isamu Noguchi.

This is the second case involving the religious beliefs of Jehovah's Witnesses that has been taken to the Supreme Court. On March 8, 1996, the Japan Supreme Court ruled that a technical college violated a student's rights by expelling him for his refusal to participate in martial arts training. The ruling in Kobayashi v. Kobe Municipal Industrial Technical College marked the first time that the Supreme Court has handed down a decision that highly evaluated religious freedom guaranteed by the Japan Constitution.

Contact: Yasuyuki Yoshihara or Keisuke Aida
Office of Public Information (Japan)
Phone: 81-46-233-0005 Fax: 81-46-233-0009