Japanese Medical Contract

When a medical accident occurs, the causes are usually characterized as the following two acts:one is the tort,and the other is the break of a contract in the case of medical accidents. In Japan, the theory and corresponding legal practice for the case of breach of contract holds that the liability must be undertaken by the hospital or the doctor.It is particular that the payment of the expenditure for the investigation of the liability is done by the hospital or the doctor who is in any case considered as the debtor to the liability. If the debtor failed to prove that the breach of contract is not caused by himself, he would practically undertake the liability. This kind of contract is obviously more favorable to the patient.