Last updated on December 20, 2024.
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FAQs
Going to a hospital (clinics) to receive medical treatment is a “medical contract (secondary commission contract)”.
"Medical contracts" are to examine and treat diseases, and do not include healing.
In addition, the "medical contract" is a "duty contract" established when the patient applies for a consultation and the doctor starts medical treatment, so the doctor and the patient have each other's rights and obligations.
Doctor's Duty: To provide the best treatment for the patient
Patient's Obligation: Paying medical expenses for the treatment of a doctor
In other words, if you receive medical treatment, you will be obliged to pay, so you will not be exempted from paying for it because it does not improve.
In addition, please consult a medical institution when requesting compensation, such as "Sequelae remained due to medical malpractice."
●What is a medical contract?
(1) A doctor or medical institution treats a patient, and a patient pays a reward for it is called a medical contract.
It is said that it is a contract equivalent to a delegation contract (Article 656 of the Civil Code, semi-consignment).
(2) The content of the medical contract is to outsource the medical treatment that is considered the most appropriate for a normal doctor, based on the standard of modern medicine.
I mean it. (The level varies depending on the medical institution.)
(3) Treatment itself is the purpose of the contract, and the cure of the disease is not the product of the contract.
There are various reasons for refusing medical treatment, such as the absence of a doctor or illness, and patient-side problems such as violence against medical professionals and obstruction of business due to rants.
Article 19 of the Doctors Act specifies the obligation to respond to medical treatment if a doctor cannot refuse medical treatment without justifiable reasons. First, check with your medical institution why you cannot consult.
When you visit for the first time, it is a good idea to check with your medical institution about the consultation time and whether you need an appointment over the phone.
●Article 19, Paragraph 1 of the Doctors Act
The physician engaged in the medical treatment must not refuse, if requested for consultation treatment, without justifiable grounds.
●Appropriate response to the request for consultation treatment, including the obligation to be offered (Medical Administration No. 1225, No. 4, 2019, 12, 2019)
Notification of Director, Medical Affairs Bureau, Ministry of Health, Labour and Welfare on February 25
When not being treated is justified, (1) the necessity of emergency response (severity of symptoms), (2) within the consultation and consultation hours.
Outside, the relationship of trust between the three patients and medical institutions, doctors, and dentists was organized as an important factor.
The Medical Law stipulates that doctors, etc. are responsible for providing appropriate explanations in providing medical care and striving to gain the understanding of those receiving medical care.
If there is no explanation from a doctor, etc., or if you have heard but do not understand, do not hesitate to ask for an explanation.
Also, let's tell you what you have doubts or concerns after hearing the explanation. If you listen to your doctor's explanation, make sure to take notes on the important thing.
If you have any doubts or concerns later, you may want to write down the question and give it to your doctor at the next consultation to ask.
●Article 1-4, Paragraph 2 of the Medical Law
Doctors, dentists, pharmacists, nurses, and other medical leaders provide appropriate explanations and provide medical care in providing medical care.
You must try to gain the understanding of the recipient.
●Article 23 of the Doctors Act
When a doctor provides medical treatment, the doctor shall not provide guidance to the person or his / her guardian on medical treatment methods and other matters necessary for improving health.
I have to do it.
Insurance medical institutions and insurance pharmacies are required to provide free receipts that show the details of medical expenses.
In addition, from April 1, 2010, when issuing a receipt, it was stipulated that a statement must be issued free of charge unless there is a justifiable reason. If you do not receive a statement, please ask a medical institution.
However, clinics, such as clinics, which uses computers that do not have a function to issue a statement, is required to issue a statement only when requested by patients. In addition, payment is permitted.
It is common that receipts are not reissued.
●Insurance medical institutions and insurance medical treatment rules Article 5-2 (issue of receipts, etc.)
When an insurance medical institution receives payment from a patient pursuant to the provisions of the preceding Article, unless there is a justifiable reason, each individual expense.
Receipts listed separately shall be issued free of charge.
(2) When an insurance medical institution specified by the Minister of Health, Labor and Welfare issues a receipt prescribed in the preceding paragraph, unless there is a justifiable reason, this shall apply.
A statement stating each item on which the cost was calculated must be issued.
(3) The delivery of the statement prescribed in the preceding paragraph shall be made free of charge.
●Regarding the issuance of a receipt that shows the contents of medical expenses and a statement that shows the calculation items of individual medical fees (Hosei 0304 No. 2 Order)
March 4, 2014 Notice of Director-General of Insurance Bureau, Ministry of Health, Labour and Welfare)
Insurance medical institutions (excluding clinics with justifiable reasons) and insurance pharmacies for which electronic claims are required.
When issuing a receipt, a statement must be issued free of charge.
Doctors' behaviors are largely dependent on personal qualities and are basically not a legal issue.
If you are not satisfied with the staff's response, we recommend that you talk with a medical institution.
Consultation methods include consulting with a patient consultation desk in the hospital, posting to a letter box, and consulting with the ward nurse director in the case of hospitalization.
The Medical Safety Consultation Service does not introduce specific medical institutions or evaluate medical institutions according to their medical conditions, so such information cannot be provided. We search and introduce some medical institutions in your desired area.
You can search by the following website address.
●Medical information net "Navii" (outside site)
●Yokohama-shi medical association "medical institution search" (outside site)
The physician who has consulted cannot refuse to issue a medical certificate without justifiable grounds if the patient requests a medical certificate. If you are unable to receive it, check with your doctor for the reason.
However, it is not possible to issue a medical certificate if requested by a person other than the patient or without a doctor consulting himself.
If the doctor you have consulted is absent due to relocation, etc., consult a medical institution.
●Article 19, Paragraph 2 of the Doctors Act
Doctors who have examined or examined or attended childbirth shall have a medical certificate, examination certificate, birth certificate or stillbirth certificate.
In the event of a request for delivery, this shall not be refused unless there is a legitimate reason.
●Article 20 of the Doctors Act
The doctor treats without consulting himself or issues a medical certificate or prescription, and gives birth without witnessing the birth.
A certificate or stillbirth certificate must not be issued, or a certificate must not be issued without considering it himself.
When a patient or the like requests disclosure of a patient's medical record, a personal information handling business operator must, in principle, comply with this.
However, if disclosure may harm the interests of a third party or if there is a risk of significantly impairing the physical and mental condition of the patient, all or part of it may not be disclosed. .
If not disclosed, the healthcare professional must provide the claimant with the reason. If your medical institution does not respond to your request for medical record disclosure, check the reason.
●Article 33 of the Act on the Protection of Personal Information
Methods by providing electromagnetic records of retained personal data in which the person is identified, to the business operator handling personal information.
It is possible to request disclosure by the method specified by the rules of the Personal Information Protection Commission.
(2) When a personal information handling business operator receives a request pursuant to the provisions of the preceding paragraph, he / she shall request the person himself / herself pursuant to the provisions of the same paragraph.
Methods for which disclosure by the method requires a large amount of money or other cases where disclosure by the method is difficult.
The retained personal data shall be disclosed without delay in accordance with the method by issuing a written document. However, disclosure
By doing so, in any of the following cases, all or part of it may not be disclosed.
In cases where there is a risk of harming the life, body, property or other rights and interests of a single person or a third party
(Ii) In cases where there is a possibility that the proper implementation of the business of the personal information handling business may be significantly impaired.
(Iii) In cases where it violates other laws and regulations
●(Notice of Medical Affairs Bureau, Ministry of Health, Labour and Welfare on September 12, 2003)
●Guidance for the proper handling of personal information by medical and nursing care providers (April 14, 2017, Part of March 2023)
Revised)
●The medical record storage period is 5 years after the completion of treatment (Article 24, Paragraph 2 of the Medical Doctors Act, Article 9 of the Rules for Insurance Medical Institutions and Medical Care)
It is not possible to judge the suitability of medical practice at the Medical Safety Consultation Service or administrative agency. It also does not have the authority to mediate or arbitrate. Whether or not there was negligence in the treatment, etc. will ultimately be determined by the judiciary.
First of all, it is recommended that you set a date and time and discuss it in order to receive detailed explanations from the medical institution. Go to the discussion with multiple family members, etc., and make sure to take notes on important matters.
If you wish to have a legal solution, we will provide you with a lawyer consultation.
Medical disputes (trials) have a large temporal, mental, and financial burden on both the patient and the medical profession, and in recent years, ADR (non-trial dispute resolution) has also attracted attention. .
●What is ADR (External Dispute Resolution)?
This is a method of trying to solve the problem with the involvement of a third party with specialized knowledge other than the parties without having to make a trial.
The advantage is that the filing process is easier than the trial, the cost is lower, and the duration required for dispute resolution is relatively short.
However, unlike the trial, ADR cannot proceed without the consent of the other party. There is also a force for the proposed solution.
I don't know.
"Act on Promotion of Use of Procedures for Dispute Resolution" (ADR Act)
※Currently, "medical ADR" is being conducted in the following areas.
Sapporo, Sendai, Ibaraki, Tokyo, Chiba, Aichi, Osaka, Kyoto, Okayama, Hiroshima, Ehime, Fukuoka
If you feel something unwell after taking the medicine, do not continue to drink it and contact your doctor or pharmacist immediately to consult.
You can also consult general medicines at the following locations.
●Kanagawa Drug Information Telephone Service (outside site) (paused)
●Medicine consultation counter (Pharmaceuticals and Medical Devices Agency) (outside site)
Rooms that require differential bed charges are referred to as “special care environment rooms.” Since this room is not applicable to employee health insurance, the amount varies depending on the medical institution.
Differential bed charges can only be collected if the patient agrees to be admitted to the special medical care environment room. In addition, the medical practitioner must fully explain the facility structure and fees of the sickroom to the patient and family, and obtain a signature on the consent form to confirm the patient's consent.
Notifications from the Ministry of Health, Labour and Welfare provide specific examples of cases where differential bed charges must not be collected. If you think this is the case, consult a medical institution.
●When hospitalized in a special room, listen to the explanation of the facility structure, fees, etc. of the room from the medical institution, consent, and agree with the consent form.
Let's sign it.
●"Specific examples of cases where differential bed charges must not be collected"
1.If the consent has not been confirmed by the consent form.
(Including cases where there is no room charge or where the contents are insufficient, such as the absence of a patient's signature.)
2.When hospitalized in a special medical treatment environment room due to the patient's "needs for treatment"
(Example) ・ Emergency patients, postoperative patients, etc. who need rest due to serious medical conditions, or who require constant monitoring and timely appropriate
Those who need nursing and assistance
・ Patients who have reduced immunity and may suffer from infectious diseases
・ End-of-life patients who need to perform intensive care and relieve significant physical and mental distress.
・ Patients infected with pathogens with acquired immunodeficiency syndrome (patients go to private rooms with special facilities than ordinary private rooms)
Unless you specifically wish to enter the room.
・ Patients with Kroitzfeld Jacob disease (particularly rare for patients to enter a private room with special equipment than a regular private room)
Unless you want it.
3.When hospitalized in a special medical care environment room due to the necessity of ward management, etc., and does not substantially depend on the patient's choice.
(Example) ・ In order to prevent nosocomial infections of other inpatients by family doctor and others who are infected with MRSA, etc.
Those who are deemed to have been hospitalized regardless of the patient's choice.
・Patients who are admitted to the special medical care environment room because the beds in the sickroom other than the special medical care environment room are full.
First, it is said that the original drug costs 9 to 17 years and hundreds of billions of yen to develop. On the other hand, generic drugs are manufactured by other drug manufacturers based on the patent information and technology of the drug after the patent period of the original drug expires. Generic drugs are completed in about three to five years, and the development cost can be reduced to about 100 million yen, which lowers the cost of drugs.
Another advantage of generic drugs is that it is possible to create value-added products that improve the original drug. In some cases, tablet-type drugs are smaller, and bitter drugs improve the taste, and the ease of drinking and use compared to the original drug. Of course, generic drugs have the same efficacy as the original drug because they contain the same active ingredients. In terms of safety, as well as the original drug, it is subject to strict examination and is finally approved by the Ministry of Health, Labour and Welfare, so it can be used with confidence.
●"No change to generic drug" column of prescription
The prescription has a column to select "No change to generic drugs", which is checked and signed by a doctor.
If not, pharmacists can dispense generic drugs without confirming with the patient's consent.
I'm gonna do it. However, not all original drugs have generic drugs, and pharmacies are available.
Depending on the handling status of generic drugs, it may not be possible to change them.
There are two hospitals that have different roles in the hospital.
An acute hospital that provides intensive care in a short hospitalization period for patients requiring precise examinations, treatments, and surgery, and patients who are hospitalized for a long time due to chronic illness or who need nursing care rather than treatment It is divided into a recuperation type hospital that receives necessary medical care such as nursing, nursing care, and rehabilitation under the management of the doctor.
The decision to transfer the hospital is based on family doctor's condition to receive better treatment.
If you have any questions or concerns about transfer, consult the hospital.
If the acute treatment is over and you are advised to transfer to a recuperative hospital, consult your family doctor, social worker, or a patient consultation desk at the hospital about where to transfer.
●Medical treatment beds include medical insurance beds (medical insurance resources) and The Long-term Care Insurance's nursing care beds (The Long-term Care Insurance financial resources).
Yes.
※The nursing care bed was decided to be abolished at the end of FY2023, and as a conversion facility, in April 2018, the “Nursing Care Medical Care Hospital (The Long-term Care Insurance Goods).
"It was established. While taking over the role of nursing care beds, it combines the two functions of daily medical care and living facilities.
It is said to be a facility.
●Article 1-4, Paragraph 3 of the Medical Law
Doctors and dentists engaged in medical treatment at medical facilities contribute to the sharing of functions between medical facilities and the cooperation of duties.
In order to do so, if necessary, introduce those who receive medical care to other medical facilities and (omitted) make efforts to take other necessary measures.
I have to do it.
If you have received an explanation from family doctor about your treatment policy, but you have any doubts or concerns about whether there is any other better treatment, you have a second opinion to listen to the opinions of a specialist other than family doctor to convince and choose a treatment policy. If you want a second opinion, you can obtain a letter of introduction (medical information report) for the second opinion from the current family doctor, a copy of data related to testing and diagnosis, and consult with another medical institution that carries out the second opinion.
In order to receive a second opinion, the first opinion (family doctor's view) must be fully understood. Listening to a second opinion without proper understanding can result in confusion. Also, it is not "listening to the second opinion = transferring". After the second opinion, report it to family doctor and discuss the future treatment policy based on the content of the second opinion.
●Expenses for Second Opinion
The second opinion is a free medical treatment (self-paid medical treatment). The cost varies depending on the medical institution. 10,000 yen, etc.
Many medical institutions have fixed rates for each hour, so it is necessary to sort out what you want to consult in advance.
The treatment costs for insurance medical treatment are calculated based on the medical fee system. If you have any questions about the contents of the medical expenses or the amount charged, please do not hesitate to ask the medical institution's reception desk.
For consultation on the details of the medical fee system, we will guide you to the institution in charge.
In the case of free medical treatment (own expense), the contract will be between the medical institution and the patient, so be sure to check the contents and expenses before contracting.
●What is a medical fee?
Remuneration paid by medical insurance for a doctor's medical practice, calculated based on the medical fee score table and expressed by score.
(1 point = 10 yen). The patient pays a portion of medical expenses (30%, etc.) calculated based on medical fees to medical institutions.
Payment and the rest will be paid with public health insurance.
The Medical Safety Consultation Service does not introduce medical institutions that can give birth. It is possible to search for medical institutions that accept delivery in the city from the following website and guide some information.
Due to the shortage of obstetricians and gynecologists, it is very difficult to make a reservation for delivery even in Yokohama City. If there is a possibility, we ask that you take a medical examination as soon as possible and make an appointment for delivery. When making a reservation for delivery at a large hospital, you may need a letter of introduction from the clinics who received the medical examination.
You can search from the following website.
●City of Yokohama, Medical Care Bureau "Medical facilities dealing with childbirth"
Large hospitals play a role in treating patients who need tests and hospitalization that can only be performed there. For this reason, patients who have entered the stage of stable medication and follow-up should be introduced to the local clinics, and their roles should be shared so that clinics can provide daily consultation, health management and guidance as a family doctor.
In this way, local medical institutions cooperate with each other and make effective use of their respective functions is called regional medical cooperation. Community healthcare cooperation is an important idea for everyone to receive appropriate medical care in the community.
The recommendation of the transfer is that family doctor is based on the patient's condition, but if you have any doubts or concerns, consult family doctor or the hospital.
●"Family Doctor,"
A familiar physician who performs regular health management. Feel free to consult about various issues, including consultation as well as health consultation and guidance.
A doctor who can do it.
In addition, when the initial symptoms are examined by the GP, and the GP determines that it is necessary to have a large hospital test.
You will receive a letter of introduction (medical information report) from your GP and go to a large hospital.
You can search and introduce your GP at the following locations.
●Yokohama Medical Association homepage "Yokohama City Local Medical Cooperative Center (outside site)」
●Regional medical cooperation rooms at each hospital
Inquiries to this page
Medical Care Bureau Health and Safety Department Medical Safety Division
Phone: 045-671-3654
Phone: 045-671-3654
Fax: 045-663-7327
E-Mail address ir-iryoanzen@city.yokohama.lg.jp
Page ID: 698-480-470