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Author: Colm Peter McGrath Publisher: ISBN: 9783465043676 Category : Law Languages : en Pages : 262
Book Description
This volume examines the development of medical liability in Germany during its intense formative period from 1800-1945. It focuses on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, it uncovers a rich interaction between the legal and medical narratives concerning fault. It offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, the broader social context, identifying a gradual shift towards asserting courts' independence from the medical narrative medical technological advances.
Author: Colm Peter McGrath Publisher: ISBN: 9783465043676 Category : Law Languages : en Pages : 262
Book Description
This volume examines the development of medical liability in Germany during its intense formative period from 1800-1945. It focuses on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, it uncovers a rich interaction between the legal and medical narratives concerning fault. It offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, the broader social context, identifying a gradual shift towards asserting courts' independence from the medical narrative medical technological advances.
Author: Carlo Maria Masieri Publisher: 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.
Author: Sophie Turenne Publisher: Cambridge University Press ISBN: 1009246348 Category : Law Languages : en Pages : 307
Book Description
In honour of the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. The reasons and context for legal development in a comparative perspective embrace the law both in action and in the books, legal institutions, legal cultures, and the extra-legal environment. Offering an accessible pathway into understanding comparative law, the collection introduces the core features of understanding foreign legal systems. With a range of illustrative case studies, the essays explore topical problems and debates in tort, contract, legal history, and judicial studies. In a tribute to one of the defining legal scholars of our time, this volume draws a rich, nuanced picture of the object of comparative legal research, and indicates new and exciting avenues for further research.
Author: Ernst Karner Publisher: Walter de Gruyter GmbH & Co KG ISBN: 3111377776 Category : Law Languages : en Pages : 819
Book Description
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
Author: Mauro Bussani Publisher: Oxford University Press ISBN: 019536838X Category : Law Languages : en Pages : 297
Book Description
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Author: Geoffrey Cocks Publisher: Oxford University Press, USA ISBN: 0195055969 Category : Business & Economics Languages : en Pages : 351
Book Description
A comprehensive view of 19th-century German history is described in this study of the professions, from law and medicine to engineering, social work and psychology, as well as the special cases of the civil service and the military.
Author: Hartmut Berghoff Publisher: Berghahn Books ISBN: 1789200296 Category : History Languages : en Pages : 334
Book Description
Traditionally, Germany has been considered a minor player in Pacific history: its presence there was more limited than that of other European nations, and whereas its European rivals established themselves as imperial forces beginning in the early modern era, Germany did not seriously pursue colonialism until the nineteenth century. Yet thanks to recent advances in the field emphasizing transoceanic networks and cultural encounters, it is now possible to develop a more nuanced understanding of the history of Germans in the Pacific. The studies gathered here offer fascinating research into German missionary, commercial, scientific, and imperial activity against the backdrop of the Pacific’s overlapping cultural circuits and complex oceanic transits.
Author: Roland Naul Publisher: Psychology Press ISBN: 9780419245407 Category : Education Languages : en Pages : 260
Book Description
This unique and comprehensive collection brings together material from leading German scholars to examine the role of sport and PE in Germany from a range of historical and contemporary perspectives.
Author: Paul Starr Publisher: ISBN: 9780465079353 Category : History Languages : en Pages : 532
Book Description
Winner of the 1983 Pulitzer Prize and the Bancroft Prize in American History, this is a landmark history of how the entire American health care system of doctors, hospitals, health plans, and government programs has evolved over the last two centuries. "The definitive social history of the medical profession in America....A monumental achievement."—H. Jack Geiger, M.D., New York Times Book Review
Author: Colm Peter McGrath
Author: Colm Peter McGrath
Author: Carlo Maria Masieri
Author: Sophie Turenne
Author: Ernst Karner
Author: Ernst Karner
Author: Mauro Bussani
Author: Geoffrey Cocks
Author: Hartmut Berghoff
Author: Roland Naul
Author: Paul Starr