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Author: Sheila McLean Publisher: Dartmouth Publishing Company ISBN: Category : Iatrogenic diseases Languages : en Pages : 220
Book Description
The perceived rise in claims against doctors, coupled with the problems of gaining access to the legal system, have led over recent years to reconsideration of the basis on which clinicians are held liable for accidents or negligence. This book explores these problems through analysis of a number of jurisdictions, in some of which change has been instituted and in others of which the traditional fault-based model still applies. Critical evaluation of these systems provides the reader with a picture of the problems and benefits of different liability models.
Author: Sheila McLean Publisher: Dartmouth Publishing Company ISBN: Category : Iatrogenic diseases Languages : en Pages : 220
Book Description
The perceived rise in claims against doctors, coupled with the problems of gaining access to the legal system, have led over recent years to reconsideration of the basis on which clinicians are held liable for accidents or negligence. This book explores these problems through analysis of a number of jurisdictions, in some of which change has been instituted and in others of which the traditional fault-based model still applies. Critical evaluation of these systems provides the reader with a picture of the problems and benefits of different liability models.
Author: Bernard S. Black Publisher: Cato Institute ISBN: 194864780X Category : Law Languages : en Pages : 337
Book Description
"Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
Author: Tan Siang-yong Publisher: World Scientific Publishing Company ISBN: 9813106654 Category : Science Languages : en Pages : 364
Book Description
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.
Author: Institute of Medicine (U.S.). Division of Legal, Ethical, and Educational Aspects of Health Publisher: ISBN: Category : Law Languages : en Pages : 108
Author: Ken Oliphant Publisher: Walter de Gruyter ISBN: 3110270234 Category : Law Languages : en Pages : 592
Book Description
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.
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law Publisher: ISBN: Category : Electronic government information Languages : en Pages : 140
Author: Sheila McLean
Author: Sheila McLean
Author: Bernard S. Black
Author: Tan Siang-yong
Author: 
Author: 
Author: Sheila McLean
Author: Institute of Medicine (U.S.). Division of Legal, Ethical, and Educational Aspects of Health
Author: Ken Oliphant
Author: Stephanie M. Spernak
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law