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Author: Bernhard A. Koch Publisher: Walter de Gruyter ISBN: 3110260107 Category : Law Languages : en Pages : 749
Book Description
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
Author: Bernhard A. Koch Publisher: Walter de Gruyter ISBN: 3110260107 Category : Law Languages : en Pages : 749
Book Description
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
Author: Santo Davide Ferrara Publisher: Springer Science & Business Media ISBN: 3642358314 Category : Medical Languages : en Pages : 374
Book Description
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.
Author: Brigitte E.S. Jansen Publisher: BookRix ISBN: 374383586X Category : Law Languages : en Pages : 43
Book Description
The issue of Medical Liability in Europe has been intensively discussed since a long time, and it needs revision to come to a harmonisation. In June 2008, the Council of Europe's Public and Private Law Unit (DG-HL Directorate General of Human Rights and Legal Affairs), in co-operation with the Health and Bioethics Divisions (DGIII - Social Cohesion), has organised a 2-day interdisciplinary Conference on "The ever-growing challenge of medical liability: national and European responses". As stated, the aim of the Conference was to gather information, share experiences and examine ways of improving standards of dealing with medical liability in the member states. It is very important to show good practices in the field which simultaneously secure the individual's access to the judiciary while ensuring just compensation for any medical malpractice were examined.
Author: Ewoud Hondius Publisher: 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.
Author: Vera Lúcia Raposo Publisher: Springer Nature ISBN: 9811648557 Category : Law Languages : en Pages : 318
Book Description
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.
Author: Dieter Giesen Publisher: BRILL ISBN: 9783166453224 Category : Law Languages : en Pages : 1000
Book Description
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.
Author: Bernhard A. Koch
Author: Bernhard A. Koch
Author: Santo Davide Ferrara
Author: Brigitte E.S. Jansen
Author: Ewoud Hondius
Author: Vera Lúcia Raposo
Author: Tamara K. Hervey
Author: Erwin Deutsch
Author: Dieter Giesen
Author: Erwin Deutsch
Author: