JapanWhat must be proven in medical malpractice?
In Japan, medical malpractice requires proving (1) a physician-patient relationship, (2) breach of the duty of care (i.e., failure to meet the standard of medical practice), (3) causation between the breach and harm, and (4) actual damage.
What the Law Says
Medical malpractice in Japan is not governed by a single specialized statute but arises under general civil liability rules — either tort (Civil Code Art. 709) or breach of contract (Civil Code Art. 415). The burden lies with the patient to prove all required elements.
To succeed in a medical malpractice claim, the patient must establish four core elements: (1) the existence of a physician–patient relationship (creating a legal duty), (2) a breach of the physician’s duty of care — meaning conduct falling below the accepted standard of medical practice in Japan, (3) factual and legal causation linking that breach to the patient’s injury, and (4) quantifiable damage (e.g., physical harm, financial loss, or pain and suffering).
Under tort law, Article 709 of the Civil Code provides: 'A person who intentionally or negligently infringes upon another person’s rights or legally protected interests shall be liable to compensate for the damage thereby caused.' Under contract law, Article 415 states: 'If a party fails to perform his obligation or performs it in breach of the agreement, he shall be liable for damages unless he proves that he was not negligent.'
Statutory TextA person who intentionally or negligently infringes upon another person’s rights or legally protected interests shall be liable to compensate for the damage thereby caused.
— Civil Code, Art. 709 — Tort Liability
Statutory TextIf a party fails to perform his obligation or performs it in breach of the agreement, he shall be liable for damages unless he proves that he was not negligent.
— Civil Code, Art. 415 — Liability for Non-Performance of Contract
What to Do
Confirm the existence of a formal or de facto physician–patient relationship.
Obtain and preserve all medical records, including treatment notes, imaging, and consent forms.
Consult an independent medical expert to assess whether the care fell below the standard expected in Japan.
File a claim within the statutory limitation period: 3 years from knowledge of damage and tortfeasor (Art. 724), or 10 years from the act (absolute limit).
Consider mediation via the Japan Medical Association’s dispute resolution service before litigation.
Sources
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South KoreaNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-09.