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TITLE 【Syllabus of Latest Opinion】 Supreme Court Decision 2014Do9607 Decided May 14, 2020 【Violation of Medical Services Act】 [full Text]
Summary
In Article 17(1) of the former Medical Services Act stating that “[n]o one shall prepare a prescription and shall issue or send such prescription to a patient unless he/she is a physician in medical services who has directly diagnosed the patient,” meaning of “direct” and “diagnosis”
Whether a medical diagnosis is considered to have been made only when there is an act to the degree required to give a certain diagnosis or prescription, based on a patient’s conditions, that is sufficiently credible from the perspective of modern medicine, and in a case where such act is performed solely through telephone interviews, whether the circumstance that a doctor met a patient face-to-face and gave a diagnosis to a patient before and is already familiar with the patient’s medical condition and status is a minimal prerequisite for such telemedicine services (affirmative)
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