Malpractice And Medical Liability
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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.
The Development Of Medical Liability
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Author : Ewoud Hondius
language : en
Publisher: Cambridge University Press
Release Date : 2014-07-31
The Development Of Medical Liability written by Ewoud Hondius and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-31 with Law categories.
A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.
Medical Liability And Treatment Relationships
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Author : Mark A. Hall
language : en
Publisher: Aspen Publishing
Release Date : 2018-05-21
Medical Liability And Treatment Relationships written by Mark A. Hall and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-05-21 with Law categories.
Medical Liability and Treatment Relationships is based on Part I, The Provider and the Patient, of parent book Health Care Law and Ethics, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Features: Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider. Includes cases and materials on Medical Malpractice not found in the parent book, including: Supreme Court decisions and notes on forensic medicine and epidemiological evidence. Problems on practice guidelines as proof of negligence. Cases and notes about ethics violations arising from ex parte contacts with treating physicians. Integrates public health and ethics issues from a relational perspective. Clear notes smooth transitions between cases and background information. Teacher’s Manual is derived from corresponding sections in the parent Teacher’s Manual. Online resources provide background materials, updates of important events, additional relevant topics and links to other resources on the Internet.
Report Of The Task Force On Medical Liability And Malpractice
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Author : United States. Department of Health and Human Services. Task Force on Medical Liability and Malpractice
language : en
Publisher:
Release Date : 1987
Report Of The Task Force On Medical Liability And Malpractice written by United States. Department of Health and Human Services. Task Force on Medical Liability and Malpractice and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Government publications categories.
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 Liability In Europe
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Author : Bernhard A. Koch
language : en
Publisher: Walter de Gruyter
Release Date : 2011
Medical Liability In Europe written by Bernhard A. Koch and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
Ten years after the first ECTIL project in this field, liability for medical malpractice is still a hot topic throughout Europe and it continues to expand and develop. This study compares thirteen European jurisdictions on the basis of country repor
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 : Ken Oliphant
language : en
Publisher: Walter de Gruyter
Release Date : 2013-10-29
Medical Malpractice And Compensation In Global Perspective written by Ken Oliphant and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-29 with Law categories.
The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
Medical Liability New Ideas For Making The System Work Better For Patients Hearing
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Author :
language : en
Publisher: DIANE Publishing
Release Date :
Medical Liability New Ideas For Making The System Work Better For Patients Hearing written by and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
A Measure Of Malpractice
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Author : Paul C. Weiler
language : en
Publisher: Harvard University Press
Release Date : 1993
A Measure Of Malpractice written by Paul C. Weiler 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 1993 with Insurance, Physicians' liability categories.
A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.