Criminalising Medical Malpractice
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Criminalising Medical Malpractice
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Author : Mélinée Kazarian
language : en
Publisher: Routledge
Release Date : 2020-06-02
Criminalising Medical Malpractice written by Mélinée Kazarian and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-02 with Law categories.
The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.
Medical Malpractice In Singapore
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Author : Siang Yong Tan
language : en
Publisher:
Release Date : 2002
Medical Malpractice In Singapore written by Siang Yong Tan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Medical laws and legislation categories.
Medical Malpractice Understanding The Law Managing The Risk
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Author : Tan Siang-yong
language : en
Publisher: World Scientific Publishing Company
Release Date : 2006-01-23
Medical Malpractice Understanding The Law Managing The Risk written by Tan Siang-yong and has been published by World Scientific Publishing Company this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-23 with Science categories.
This textbook is about the law of medical malpractice and how to prevent a malpractice lawsuit. It grew out of an earlier book covering medical negligence in Singapore. The book's primary goal is to provide a clear and simple explanation of the American law of medical malpractice, informed consent and risk management. Written with the clinician in mind, it is legally uncomplicated without being overly simplistic. The book is as much about medicine as it is about law; above all, it is about patients. It is written with the fervent belief that with better education, there will emerge a better appreciation of the expectations of the patient — often unmet — and the standards of the legal system — often misunderstood. Fewer lawsuits and improved patient care will hopefully follow.The book is in five sections. The first covers the law of malpractice and informed consent while the second covers risk management with chapters on confidentiality, communication and risk management tips. Section III is a single chapter on reforming the system, and discusses both medical and legal proposals. The subject of tort reforms is covered in this chapter. A review section consisting of 35 multiple choice questions and answers constitutes Section IV. The book concludes with a glossary of legal terms.
International Medical Malpractice Law
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Author : Dieter Giesen
language : en
Publisher: BRILL
Release Date : 1988-01-01
International Medical Malpractice Law written by Dieter Giesen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-01-01 with Malpractice categories.
This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems. The work describes principles and trends, not by confronting the reader with national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient. References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.
Medical Malpractice
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Author : United States. Department of Health, Education, and Welfare. Secretary's Commission on Medical Malpractice
language : en
Publisher:
Release Date : 1973
Medical Malpractice written by United States. Department of Health, Education, and Welfare. Secretary's Commission on Medical Malpractice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Malpractice categories.
Medical Negligence
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Author : P D Shenoy
language : en
Publisher: Sterling Publications
Release Date : 2013-02-01
Medical Negligence written by P D Shenoy and has been published by Sterling Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-01 with categories.
This book covers the questions ranging from medical ethics and points of law to issues in medical negligence viewed from the standpoint of practically all specialities in the practice of medicine and surgery. The discussions are enlivened by reports on illustrative cases and human interest stories which would be of great interest to patients, practising doctors, hospitals, advocates and members of Consumer Fora. The chapters on almost every branch of Medicine and Surgery contains a wealth of up-to-date information on the current scientific understanding of the subject, which intends to present medical malpractice in the larger context of the admirable advances in medicine which have made life so much safer and better in the last few decades. The book contains detailed guidelines to the doctors, patients and hospitals in three different chapters with a concluding chapter on Medical Insurance. The book is written in a lucid style which would be understood not only by physicians and lawyers but also the general public.
The Criminal Justice System And Health Care
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Author : Charles A. Erin
language : en
Publisher: Oxford Monographs on Criminal
Release Date : 2007
The Criminal Justice System And Health Care written by Charles A. Erin and has been published by Oxford Monographs on Criminal this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
This book examines questions of medical accountability and ethics. It analyses how the criminal justice system regulates health care practice, and to what extent it can and should be used as a tool to resolve ethical conflict in health care. For most of the twentieth century, criminal courts were engaged in matters relating to medicine principally as a forum to resolve ethical controversies over the sanctity of life. However, the judiciary approached this function with reluctance and a marked tendency to defer to the medical profession to define what constituted ethical, and thus lawful conduct. However, over the past 25 years, criminal courts have increasingly been drawn into these types of question, and the criminal law has become a major actor in the resolution of ethical conflict. The trend to prosecute for aberrant professional conduct or medical malpractice and the role of the criminal process in medicine has been analytically neglected in the UK. There is scant literature addressing the appropriate boundaries of the criminal process in resolving ethical conflict, the theoretical legal analysis of the law's relationship with health care, or the practical impact of the criminal justice system on professionals and the delivery of health care in the UK. This volume addresses these issues via a combination of theoretical analyses and key case studies, drawing on the experiences of other carefully selected jurisdictions. It places a particular emphasis on the appropriateness of the involvement of the criminal justice system in health care, the limitations of this developing trend, and solutions to the problems that arise from it.
Medical Malpractice
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Author : David M. Harney
language : en
Publisher: MICHIE
Release Date : 1985
Medical Malpractice written by David M. Harney and has been published by MICHIE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with categories.
Medical Negligence And The Law
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Author : Krishan Pal Singh Mahalwar
language : en
Publisher:
Release Date : 1991
Medical Negligence And The Law written by Krishan Pal Singh Mahalwar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Malpractice categories.
Medical Malpractice
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Author : Patricia Munch Danzon
language : en
Publisher: Harvard University Press
Release Date : 1985
Medical Malpractice written by Patricia Munch Danzon and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Insurance, Malpractice categories.
How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way. Among its important findings is that at most one in ten patients injured through medical negligence receives compensation through the malpractice system. The focus of public attention has been on the rising cost to physicians of malpractice insurance. Although Patricia Danzon analyzes this question thoroughly, her view is much broader, encompassing the malpractice system itself--the legal process, the liability insurance markets, and the feedback to health care. As an economist, she is concerned with the efficiency or cost-effectiveness of the system from the point of view of its three social purposes: deterrence of medical negligence, compensation of injured patients, and the spreading of risk. To provide evidence of the operation of the system in practice, to distinguish fact from allegation, and to evaluate proposals for reform, she has undertaken a detailed empirical analysis of malpractice claims and insurance markets. It is a major contribution to our understanding of how the system works in practice and how it might be improved.