Medical Malpractice And Compensation In Global Perspective
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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.
Compensation Schemes For Damages Caused By Healthcare And Alternatives To Court Proceedings
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Author : Dobrochna Bach-Golecka
language : en
Publisher: Springer Nature
Release Date : 2021-05-16
Compensation Schemes For Damages Caused By Healthcare And Alternatives To Court Proceedings written by Dobrochna Bach-Golecka and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-05-16 with Law categories.
The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
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 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.
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.
Medical Malpractice Legislation
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Author : Carlo Maria Masieri
language : en
Publisher: Taylor & Francis
Release Date : 2024-05-08
Medical Malpractice Legislation written by Carlo Maria Masieri and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-05-08 with Law categories.
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to regulate medical malpractice. In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future. This work may interest legal scholars, healthcare providers, insurers and policymakers.
Health Care Ethics And The Law
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Author : Donna K. Hammaker
language : en
Publisher: Jones & Bartlett Publishers
Release Date : 2016-02-26
Health Care Ethics And The Law written by Donna K. Hammaker and has been published by Jones & Bartlett Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-26 with Business & Economics categories.
This text engages students with the ethical decisions faced by health care professionals every day. Based on principles and applications in health care ethics and the law, this text extends beyond areas that are often included in discussions of political philosophy and the principles of justice.
Practitioner S Guide To Medical Malpractice In South African Law
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Author : Ian Dutton
language : en
Publisher: Siber Ink
Release Date : 2015-06-22
Practitioner S Guide To Medical Malpractice In South African Law written by Ian Dutton and has been published by Siber Ink this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-22 with Law categories.
The purpose of this book is to set out the fundamental principles governing the law of medical malpractice in clear and understandable terms, so that those principles can be applied in daily practice. The intersection of the fields of medicine and the law produces formidable challenges. For the lawyer, the applicable legal principles and issues are as intellectually and professionally demanding as encountered in any field of the law. For the medical practitioner, there is at present an obstructive uncertainty and anxiety about the legal rules which apply, and the health professions accordingly feel under siege. Added to this is the formative role that government and civil society plays in considering and assimilating into our legal system profound policy considerations affecting our most intimate interests. This book addresses these issue clearly and comprehensively.
Tort Liability And Autonomous Systems Accidents
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Author : Phillip Morgan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-10-06
Tort Liability And Autonomous Systems Accidents written by Phillip Morgan 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 2023-10-06 with Law categories.
Autonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions.
Clinical Guidelines And The Law Of Medical Negligence
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Author : Samanta, Jo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-10-26
Clinical Guidelines And The Law Of Medical Negligence written by Samanta, Jo 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 2021-10-26 with Law 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 Oxford Handbook Of Comparative Health Law
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Author : David Orentlicher
language : en
Publisher: Oxford University Press
Release Date : 2021-08-26
The Oxford Handbook Of Comparative Health Law written by David Orentlicher and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges today: how to protect against threats to public health that can quickly cross national borders, how to ensure access to affordable health care, and how to regulate the pharmaceutical industry, among many others. When matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Thus, for example, countries that suffered early from the COVID-19 pandemic provided valuable lessons about public health interventions for countries that were hit later. Accordingly, the Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to ones already mentioned, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative take on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. Students, practitioners, scholars, and policymakers need to understand how health laws vary across national boundaries and how reforms can ensure a convergence toward an optimal set of legal rules, or ensure that specific legal arrangements are needed in particular contexts. Indeed, comparative analysis has become essential for legal scholars, and The Oxford Handbook of Comparative Health Law is the only resource that provides such an analysis in health law.