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

本研究的目的是澄清日本和美国政府自1970年以来在民事案件中提出的护士法律责任的相似和不同之处。虽然日本和美国的医疗和法律制度不同，但两国护士对病人的高度观察技能和安全管理要求非常相似。观察病人是最重要的护理职责。护士有责任向主治医生报告病人病情的任何变化。尽管医生可能没有命令护士对病人进行详细的观察，但法院已经表示，护士可以决定何时进行观察以及多久进行一次观察。这一法律观点将患者观察确立为护士的独立职责。用于帮助观察、监测和治疗患者的技术复杂的医疗设备的数量正在增加。由于护士有必要提供高标准的病人护理，护士的职责现在包括管理这些设备。美国和日本的法律在护理义务和责任方面有明显的差异。美国法律对护理实践的定义比日本法律更明确。然而，这两个法律制度都承认护士作为医务人员的职业地位。总体而言，所研究的民事案件表明，朝着承认护士对患者的观察、评估和一般治疗的独立责任的方向迈进。

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.