International Medical Malpractice Law
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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.
International Medical Malpractice Law A Comparative Study Of Civil Responsibility Arising From Medical Care
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Author : Dieter Giesen
language : en
Publisher: Springer
Release Date : 1988-09-08
International Medical Malpractice Law A Comparative Study Of Civil Responsibility Arising From Medical Care written by Dieter Giesen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988-09-08 with Law 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.
International Medical Law
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Author : Mohammad Naseem
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-05-20
International Medical Law written by Mohammad Naseem and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-20 with Law categories.
This volume provides a comprehensive analysis of the history, development and other legal aspects relating to International Medical Law and covers issues arising from not only the physician-patient relationship, but also with many wider juridical relations involved in the broader field of medical care in the international arena. After a general introduction, the book examines the evolution of medical law in different civilizations that existed all over the world. It systematically describes the sources of this law from conventions, treaties along with discussing the important role played by the courts, international institutions and other bodies related to the medical field. The comprehensive coverage includes public health law, international spread and prevention of diseases. This volume covers medical ethics and clinical ethics; considerations to facets of the medical professionals and patients relationship such as rights and responsibilities of the physicians, beneficence, consent, privacy, rights of patients and risk management. Also covered are issues of international concern like medical criminal activities, human and drug trafficking, trade in human organs, human medical research, as well as matters dealing with bio-technology in relation to bio-safety, bio-security, bio-genetics, bio-ethics, and the role of medical personnel in armed conflicts. The International Medical Law relating to disability and mental health has also been considered. It sheds light on the historical background of trans-genders, HIV, the regulation and manufacture of medicines along with coverage of increasing medical tourism in various countries and the risks involved. The concept of euthanasia and sterilization as per the international scenario also finds inclusion along with the dispute settlement mechanisms of the medical field. Succinct and practical, this book will prove to be of great value to professionals and professional organizations of physicians, nurses, hospitals, and relevant government and international agencies. Lawyers representing parties with interests in International Medical Law will welcome this very useful guide, and academics and researchers will appreciate its value as a contribution to the study of medical law in the international context.
Clinical Guidelines And The Law Of Medical Negligence
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Author : Jo Samanta
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-28
Clinical Guidelines And The Law Of Medical Negligence written by Jo Samanta and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-28 with categories.
This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law. The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse. This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.
The Legal Liability Of Hospitals
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Author : Marésa Cronje-Retief
language : en
Publisher: BRILL
Release Date : 2021-08-04
The Legal Liability Of Hospitals written by Marésa Cronje-Retief and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-04 with Law categories.
This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied. The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.
Medical Liability In Asia And Australasia
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Author : Vera Lúcia Raposo
language : en
Publisher: Springer Nature
Release Date : 2021-11-25
Medical Liability In Asia And Australasia written by Vera Lúcia Raposo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-25 with Law categories.
This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.
Medical Malpractice And Compensation In Global Perspective
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Author : Kinga Bączyk-Rozwadowska
language : en
Publisher: Tort and Insurance Law
Release Date : 2013
Medical Malpractice And Compensation In Global Perspective written by Kinga Bączyk-Rozwadowska and has been published by Tort and Insurance Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Compensation categories.
Liability law is rapidly changing in quite a number of countries. This is due to various factors, which are interrelated to a large extent: changing case law and legislation as well as increased and still increasing technical and medical knowledge. As a result, various occupational diseases can, for example, be attributed to working conditions or personal injury to specific products. From the very moment that causation can be proven, the question arises of whether or not liability can be established- with far-reaching economic consequences for all parties involved. The rise of phenomena such as mass torts, multiple causation, joint and several liability or various heads of damages (like ecological damage and several diseases and affections) rapidly increases the interest in tort law. In the context of the interrelation between liability and insurance, attention must be paid to the question of whether certain liabilities are still coverable or not, and, if they are, to what amounts. (The question of jurisdictions is of growing importance as is the question of whether a specific liability can be covered by insurance. In this context, one should bear in mind that the affordability of tort law also requires safe and sound insurers. The recent past has shown that there is a limit to their financial stability.)
Comparative Health Law And Policy
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Author : Irehobhude O. Iyioha
language : en
Publisher: Routledge
Release Date : 2016-05-23
Comparative Health Law And Policy written by Irehobhude O. Iyioha and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ’Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.
Malpractice And Medical Liability
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Author : Santo Davide Ferrara
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-04-11
Malpractice And Medical Liability written by Santo Davide Ferrara and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-04-11 with Medical categories.
Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.
Medical Negligence
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Author : Daniela Tatu
language : en
Publisher: Key Editore
Release Date : 2018-09-27
Medical Negligence written by Daniela Tatu and has been published by Key Editore this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-27 with categories.
The book lies in the field of Legal Studies. The practical goal of this book is to provide an accessible yet challenging explanation of the cases dealt in the area of medical negligence, first by the European Commission of Human Rights (from 1954 to 1998, before Protocol 11 to the European Convention on Human Rights entered into force, allowing individuals to have direct access to the European Court of Human Rights) and later on by the European Court of Human Rights. The book is intended as a manageable and useful introduction in the legal issues examined by the above mentioned European judicial bodies in connection with allegations of medical negligence, and therefore does not attempt to delve into the entirety of the subject in the full detail it deserves.