Comparing Japan and the United States of America as to the Legal Responsibilities of Nurses since 1970.

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The purpose of this research is to clarify similar and differing points of the legal responsibility of nurses as presented by the Japanese and American governments in civil cases since 1970. Although the Japanese and American medical and legal systems differ, the high degree of observational skill and safety management of patients required by nurses is very similar in both countries.Observing the patient is the most important of nursing duties. It is the nurses responsibility to report to the attending physician of any changes in the patient's condition. Though physicians may not have ordered a detailed observation of a patient by nurses, the courts have indicated that nurses can decide when it is appropriate to make observations and how often. This legal point then establishes patient observation as of the nurse's independent duties.The number of technically complex medical devises used to aid in observation, monitoring, and treating patients are increasing. Since it is necessary for nurses to provide high standards of patient care, nurses duties now include the administration of these devices. There is a marked difference in the American and Japanese law regarding nursing duties and responsibilities. American law more clearly defines the nursing practice than does Japanese law. However, both legal systems recognize the professional status of nurses as part of the medical staff. Overall, civil cases studied indicate a move towards recognizing the independent responsibility of nurses for the observation, assessment, and general treatment of patients.