In developed countries, medical care should not only provide standard treatment but should also take the patient's condition and needs into full consideration. This presentation will clarify the basic human rights of patients and their rights when receiving medical care, and make it clear that the attending physician should be held accountable when those rights are violated.

1. Second opinion

There is a standard treatment for malignant diseases in each country, but there are generally no significant differences among developed countries. The treatment of malignant diseases is constantly evolving, and there are effective treatment options that are not selected for standard treatment. If a patient requests a second opinion from a third-party institution, the attending physician is obligated to provide the necessary data. Conversely, if a patient obtains a second opinion from a third-party institution, the attending physician is obligated to respect and accept the second opinion. It is normal for the attending physician to consult with the patient regarding the difference in treatment and efficacy between the patient's treatment and that of the attending physician.

2. The right to optimal treatment of malignant diseases

Chemotherapy and immunotherapy for advanced malignant diseases may cause regression of the malignant disease itself, but when administered systemically, they also have significant side effects on other normal organs. Particularly in cases where malignant disease has invaded or metastasized to other organs, careful attention must be paid to the side effects. If the side effects are judged to be greater than the therapeutic effect, it is necessary to choose a treatment method with fewer side effects than chemotherapy or immunotherapy. In other words, patients have the right to receive a treatment that has fewer side effects and prolongs life.

As an oncological surgeon, I had worked at Kindai University Hospital (Osaka Japan) for 25 years. Ms. Migan requested me providing various examinations in Japan and treatment proposals for her malignant disease since August 2022. I found in medical record that there had been the fatal error in monitoring the disease, ignored second opinion, and the administration of the wrong chemotherapy / immunotherapy in November 2023 and February 2024. These were real evidence that violation of patient’s right. A monitoring system to ensure proper medical treatment for patients is needed in the medical community. Future legislation protecting the rights and interests of patients is also needed in the legal field as well.