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Author: Danuta Mendelson Publisher: Routledge ISBN: 1351953028 Category : Law Languages : en Pages : 478
Book Description
Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
Author: Danuta Mendelson Publisher: Routledge ISBN: 1351953028 Category : Law Languages : en Pages : 478
Book Description
Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
Author: Glenys Williams Publisher: Routledge ISBN: 1135428344 Category : Law Languages : en Pages : 794
Book Description
Analyzing the concepts of intention and causation in euthanasia, this timely new book explores a broad selection of disciplines, including criminal and medical law, medical ethics, philosophy and social policy and suggests an alternative solution to the one currently used by the courts, based on grading different categories of killing into a formalized justificatory defence. This text explores how culpability, blameworthiness and liability are ascribed and how ascertaining mens rea and actus reus are problematic in an end-of-life decision-making scenario. Williams criticizes the way the courts rely so exclusively on the criminal concepts of intention and causation in such medical scenarios and examines and raises awareness of the inadequate and inappropriate legal framework within in which judges have to operate. Topical and compelling, this significant contribution argues for a more open and honest approach which would, in turn, provide the certainty, consistency and equality required by the law. This is a quintessential read for all students studying medical and healthcare law and the legal aspects of health and medicine.
Author: Alexander Politis Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
This dissertation addresses the most prominent difficulties involved in the determination of causation in the context of medical law in South Africa. The principal philosophical and conceptual basis of causation is based on pure logic, whereas legal principles governing causation are based on, and influenced by concepts such as "common sense" and "language". "Common sense", although forming an important part of any examination into causation, cannot adequately deal with complex issues of causation. The main South African principles governing causation, evidence a reliance on the traditional two-step test for causation, commencing with the conditio sine qua non theory and the limitation of liability through the application of the principles which govern legal causation. The tension between a purist approach to factual causation, based on the conditio sine qua non theory, and the wider "flexible" approach to factual causation enumerated by the Constitutional Court in Lee v Minister of Correctional Services 2013 2 SA 144 (CC) remains entirely unresolved. The inability of the conditio sine qua non theory to provide fair and just results in South African medical law requires the consideration of a risk-based, negligentincrease- in-risk approach to factual causation. Problems relating to evidentiary gaps, disease, drug interactions and multiple uncertain causes in medical law are universally encountered and the legal systems of Germany, England & Wales, Canada and Australia. The aforementioned jurisdictions provide useful comparative solutions and alternative approaches to problems in establishing causation in medical law. The alternative suggested approaches to the established principles of causation are premised on contribution to risk or damage, with a departure from purist approaches to factual and legal causation in English, Canadian and Australian law. Specific alternative approaches to traditional theories of causation are appropriate in single-cause cases, whereas cases involving different causal mechanisms are more complex and require careful consideration. Policy and legal certainty require conceptually sound, balanced and welldeveloped alternatives to traditional approaches to causation in medical law, without unduly favouring plaintiffs or defendants in medical law cases
Author: Lara Khoury Publisher: Bloomsbury Publishing ISBN: 184731273X Category : Law Languages : en Pages : 304
Book Description
'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.
Author: Donald Gillies Publisher: Routledge ISBN: 1317564294 Category : Philosophy Languages : en Pages : 300
Book Description
Why is understanding causation so important in philosophy and the sciences? Should causation be defined in terms of probability? Whilst causation plays a major role in theories and concepts of medicine, little attempt has been made to connect causation and probability with medicine itself. Causality, Probability, and Medicine is one of the first books to apply philosophical reasoning about causality to important topics and debates in medicine. Donald Gillies provides a thorough introduction to and assessment of competing theories of causality in philosophy, including action-related theories, causality and mechanisms, and causality and probability. Throughout the book he applies them to important discoveries and theories within medicine, such as germ theory; tuberculosis and cholera; smoking and heart disease; the first ever randomized controlled trial designed to test the treatment of tuberculosis; the growing area of philosophy of evidence-based medicine; and philosophy of epidemiology. This book will be of great interest to students and researchers in philosophy of science and philosophy of medicine, as well as those working in medicine, nursing and related health disciplines where a working knowledge of causality and probability is required.
Author: Mark Elwood Publisher: OUP Oxford ISBN: 0191004944 Category : Medical Languages : en Pages : 615
Book Description
This book presents a logical system of critical appraisal, to allow readers to evaluate studies and to carry out their own studies more effectively. This system emphasizes the central importance of cause and effect relationships. Its great strength is that it is applicable to a wide range of issues, and both to intervention trials and observational studies. This system unifies the often different approaches used in epidemiology, health services research, clinical trials, and evidence-based medicine, starting from a logical consideration of cause and effect. The author's approach to the issues of study design, selection of subjects, bias, confounding, and the place of statistical methods has been praised for its clarity and interest. Systematic reviews, meta-analysis, and the applications of this logic to evidence-based medicine, knowledge-based health care, and health practice and policy are discussed. Current and often controversial examples are used, including screening for prostate cancer, publication bias in psychiatry, public health issues in developing countries, and conflicts between observational studies and randomized trials. Statistical issues are explained clearly without complex mathematics, and the most useful methods are summarized in the appendix. The final chapters give six applications of the critical appraisal of major studies: randomized trials of medical treatment and prevention, a prospective and a retrospective cohort study, a small matched case-control study, and a large case-control study. In these chapters, sections of the original papers are reproduced and the original studies placed in context by a summary of current developments.
Author: Fred Weissman Publisher: McGraw Hill Professional ISBN: 1259640965 Category : Medical Languages : en Pages : 224
Book Description
The only comprehensive tort law book featuring real-life federal cases for the practicing pharmacist As tort law and tort liability cases, both civil and administrative, continue to increase in the pharmacy practice, now more than ever, it is imperative for students and practitioners to understand the civil liability a pharmacist may face. Between intentional torts, negligence, vicarious liability, defamation, invasion of privacy, and more, practitioners and practitioners-to-be need to grasp the intricacies of the law in this landscape of increased litigation. Pharmacy Practice and Tort Law introduces students not only to the civil action cases related to pharmacy practice, but also provides explanation on how tort rules apply to the facts of a given case. Each type of civil action is described in detail, outlining the elements that must be proven for successful litigation, followed by detailed explanation of actual federal cases and their outcomes, illustrating how a case can be successful or unsuccessful.
Author: Pat Van den Heever Publisher: PULP ISBN: 0980265843 Category : Law in general. Comparative and uniform law. Jurisprudence Languages : en Pages : 92
Book Description
About the publication In this book, Pat van den Heever assesses the application of the doctrine of a loss of a chance in medical negligence cases in South Africa. He emphasises the difficulties often encountered by courts when adjudicating on causation in medical negligence cases in the face of multiple causation theories. On the basis of a thorough review of the position regarding the doctrine of a loss of a chance in The United States of America, Australia and Britain, he proposes for South Africa a de lege ferenda loss of chance model for application in medical negligence matters. As the first ever major work dealing with the application of the doctrine of a loss of a chance in medical negligence matters in South Africa, this book is of interest to the courts and the legal profession generally, legal academics working in the field of medical law and the law of delict, health care providers, and members of the medical and allied professions, their councils, associations and protection societies. "This publication is the first authoritative and substantive research on the doctrine of a loss of a chance in the context of medical negligence in South African medical law ... Dr van den Heever's thorough and comprehensive comparative approach and discussion of the doctrine here, is commendable ... [T]his publication is indeed timely!" - Pieter Carstens, Professor of Medical Law, University of Pretoria.
Author: J. Mark Melhorn Publisher: American Medical Association Press ISBN: Category : Law Languages : en Pages : 490
Book Description
"This book is intended as a guide to help bridge the gap between occupational and non-occupational evidence based causation"--Fourni par l'éditeur.
Author: Danuta Mendelson
Author: Danuta Mendelson
Author: Ian R. Freckelton
Author: Glenys Williams
Author: Alexander Politis
Author: Lara Khoury
Author: Donald Gillies
Author: Mark Elwood
Author: Fred Weissman
Author: Pat Van den Heever
Author: J. Mark Melhorn