Author: Publisher: Odile Jacob
ISBN: 2738185800
Category :
Languages : en
Pages : 194
Book Description
Author: Publisher: Odile Jacob
ISBN: 2738185800
Category :
Languages : en
Pages : 194
Book Description
Medical Law in France
Author: Anne-Marie DuguetPublisher: Kluwer Law International B.V.
ISBN: 9403500344
Category : Law
Languages : en
Pages : 138
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in France. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in France will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.
La protection des données médicales
Author: Deryck BeyleveldPublisher: Anthemis
ISBN: 2874551228
Category : Data protection
Languages : en
Pages : 220
Book Description
Medical Accident Liability and Redress in English and French Law
Author: Simon TaylorPublisher: Cambridge University Press
ISBN: 1107102804
Category : Law
Languages : en
Pages : 197
Book Description
Considers the lessons that French medical accident liability and redress law provides for possible reform in England and elsewhere.
Victoria University of Wellington Law Review
Author: Questions éthiques en médecine prédictive
Author: Armelle de BouvetPublisher: John Libbey Eurotext
ISBN: 2742006273
Category : Bioethics
Languages : en
Pages : 172
Book Description
Les pratiques de la médecine prédictive suscitent un grand nombre questions éthiques. Quels sont les enjeux et les conséquences de telles pratiques pour le patient ? Quelles sont les questions majeures que les professionnels des pratiques biomédicales doivent se poser ? À partir de quelques exemples issus des pratiques cliniques (diagnostic prénatal médecine fœtal, tests génétiques) et des pratiques de recherche (dépistage du prédiabète de type 1), les auteurs (cliniciens et éthiciens) soulèvent toute une série de questions éthiques concernant les enjeux et les conséquences des pratiques prédictives pour le patient, mais aussi pour le devenir de la médecine et de ses missions. Pour répondre à ces questions fondamentales qui intéresseront autant les chercheurs et universitaires que les cliniciens, les auteurs font part à la fois de leurs expériences respectives et de leurs réflexions, qui se situent au croisement des pratiques biomédicales et de l'éthique.
Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings
Author: Dobrochna Bach-GoleckaPublisher: Springer Nature
ISBN: 3030670007
Category : Law
Languages : en
Pages : 458
Book Description
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.
Genetic Testing and the Governance of Risk in the Contemporary Economy
Author: Lara KhouryPublisher: Springer Nature
ISBN: 3030436993
Category : Law
Languages : en
Pages : 356
Book Description
This book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts – mainly genetic tests and genetic data/information – have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a “special status” for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources – including human rights norms – that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes’ approaches – specific and generalist – to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.
The Development of Medical Liability
Author: Ewoud HondiusPublisher: Cambridge University Press
ISBN: 1107475821
Category : Law
Languages : en
Pages : 235
Book Description
A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.
Medical Malpractice Legislation
Author: Carlo Maria MasieriPublisher: Taylor & Francis
ISBN: 1040096980
Category : Law
Languages : en
Pages : 85
Book Description
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.