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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: 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: Matthew Calloway Walker Publisher: ISBN: 9781088184486 Category : Languages : en Pages : 0
Book Description
"This is the work of a masterful scholar and writer, who has a deep appreciation for law and medicine, and the core-competencies to back it up. By far, Matthew's account provides a detailed innovative approach that could have a revolutionary impact on the way the judicial system tackles medical malpractice and the loss of chance doctrine." -- Dr. Stephen Glazer, MD FRCPC FCCP. With every diagnosis given and every treatment prescribed, patients find themselves confined to operate on a metaphorical chess-board encumbered by statistics. There is virtually no liberation. "How long do I have?" "Is it fatal?" "What are my options?" "What is my chance of survival?" These are the quintessential queries which preoccupy and burden the mind. For any given patient, diagnosis and prognosis offer insight and to some extent clarity. Unfortunately, this reality is oftnever realized when patients are subjected to negligent misdiagnosis. Under the shroud of wrongful error, the patient loses a statistical advantage pertaining to their survival or recovery. Consideration of this loss of chance as compensable at lawhas sparked prodigious debate amongst legal scholars and judicial decision makers spanning the globe. However, as medical malpractice actions in some countries have seen a decline in patient claim success over the past 40 years, many have argued a new judicial approach is needed. One approach offered is to utilize the loss of chance doctrine. What is it? How does it work? What is the Walker Approach? These answers and more await you inside this book.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Erwin Chemerinsky Publisher: Penguin Books ISBN: 0143128000 Category : History Languages : en Pages : 402
Book Description
Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author: Joseph M. Perillo Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 994
Book Description
The expert author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.
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: James Underwood Publisher: Aspen Publishing ISBN: 1454898461 Category : Law Languages : en Pages : 1057
Book Description
Tort Law: Principles in Practice is an approachable and engaging casebook, with a variety of pedagogical features and tools to examine tort law doctrine and rules and their application in practice. Introductory text for each chapter, subsection, and cases frame the issues under discussion, aiding student comprehension. Key Features: Text boxes and photographs, sample pattern jury instructions, checklists, and end-of-chapter essay questions. Chapter Goals are listed at the beginning of each chapter to highlight the key areas of coverage and provide a checklist for students when reviewing material. New key cases (e.g., new cases dealing with “but-for” causation and cutting edge coverage of the seat-belt defense showing a recent trend toward acceptance of this defense). Expanded short practice problems after most cases.
Author: George D. Pozgar Publisher: Jones & Bartlett Publishers ISBN: 1449604587 Category : Business & Economics Languages : en Pages : 698
Book Description
In today's litigious environment, where high-stakes negligence suits plague the health care industry, it is imperative that health care professionals understand their rights and responsibilities under the law and the legal ramifications of their actions. Patient Care Case Law: Ethics, Regulation, and Compliance is a unique compendium of case studies that provides a foundation for that understanding. The broad variety of case studies covered in this reference is organized around the patient's progression through the health system, from admission to discharge. The text features chapters on patient rights, the screening and assessment process, diagnosis, treatment, universal protocols, discharge planning, and follow-up care. Additionally, chapters on employee and patient safety, human resources, and criminal acts round out the content. Each legal case presented includes a review of the facts, the issues related to the health care industry, and the court's ruling and rationale for its decision. Patient Care Case Law: Ethics, Regulation, and Compliance features: -Appendices on the U.S. Code of Federal Regulations Chapter 42 for hospitals, Medicare/Medicaid certification, and assessment of quality care -A summary case written as a "closet drama" -Discussion questions for each case presented -Descriptive citations providing useful additional information -A list of suggested websites to aid further research -Accompanying resources for instructors: TestBank and PowerPoints
Author: Kit Barker Publisher: Bloomsbury Publishing ISBN: 1509917519 Category : Law Languages : en Pages : 336
Book Description
This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives – historical, comparative, empirical, doctrinal and philosophical.
Author: Pat Van den Heever
Author: Pat Van den Heever
Author: Matthew Calloway Walker
Author: American Bar Association. House of Delegates
Author: Erwin Chemerinsky
Author: Joseph M. Perillo
Author: Danuta Mendelson
Author: James Underwood
Author: George D. Pozgar
Author: Marta Infantino
Author: Kit Barker