International Medical Malpractice Law

Author : Dieter Giesen
Publisher : BRILL
Page : 992 pages
File Size : 52,6 Mb
Release : 1988-01-01
Category : Malpractice
ISBN : 3166453229

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International Medical Malpractice Law by Dieter Giesen Pdf

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 : Dieter Giesen
Publisher : Springer
Page : 940 pages
File Size : 54,9 Mb
Release : 1988-09-08
Category : Law
ISBN : 9024737052

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International Medical Malpractice Law:A Comparative Study of Civil Responsibility Arising from Medical Care by Dieter Giesen Pdf

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 : Trudo Lemmens,Jennifer Bergman,Kanksha Mahadevia Ghimire,Maryam Shahid
Publisher : Kluwer Law International B.V.
Page : 239 pages
File Size : 53,9 Mb
Release : 2020-12-20
Category : Law
ISBN : 9789403529615

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Medical Law in Canada by Trudo Lemmens,Jennifer Bergman,Kanksha Mahadevia Ghimire,Maryam Shahid Pdf

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 Canada. 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 Canada 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.

Author : Mohammad Naseem,Saman Naseem
Publisher : Kluwer Law International B.V.
Page : 409 pages
File Size : 44,9 Mb
Release : 2022-05-20
Category : Law
ISBN : 9789403547602

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International Medical Law by Mohammad Naseem,Saman Naseem Pdf

This volume provides a comprehensive analysis of the history, development and other legal aspects relating to International Medical Law and covers issues arising from not only the physician-patient relationship, but also with many wider juridical relations involved in the broader field of medical care in the international arena. After a general introduction, the book examines the evolution of medical law in different civilizations that existed all over the world. It systematically describes the sources of this law from conventions, treaties along with discussing the important role played by the courts, international institutions and other bodies related to the medical field. The comprehensive coverage includes public health law, international spread and prevention of diseases. This volume covers medical ethics and clinical ethics; considerations to facets of the medical professionals and patients relationship such as rights and responsibilities of the physicians, beneficence, consent, privacy, rights of patients and risk management. Also covered are issues of international concern like medical criminal activities, human and drug trafficking, trade in human organs, human medical research, as well as matters dealing with bio-technology in relation to bio-safety, bio-security, bio-genetics, bio-ethics, and the role of medical personnel in armed conflicts. The International Medical Law relating to disability and mental health has also been considered. It sheds light on the historical background of trans-genders, HIV, the regulation and manufacture of medicines along with coverage of increasing medical tourism in various countries and the risks involved. The concept of euthanasia and sterilization as per the international scenario also finds inclusion along with the dispute settlement mechanisms of the medical field. Succinct and practical, this book will prove to be of great value to professionals and professional organizations of physicians, nurses, hospitals, and relevant government and international agencies. Lawyers representing parties with interests in International Medical Law will welcome this very useful guide, and academics and researchers will appreciate its value as a contribution to the study of medical law in the international context.

Author : Santo Davide Ferrara,Rafael Boscolo-Berto,Guido Viel
Publisher : Springer Science & Business Media
Page : 374 pages
File Size : 47,6 Mb
Release : 2013-04-11
Category : Medical
ISBN : 9783642358319

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Malpractice and Medical Liability by Santo Davide Ferrara,Rafael Boscolo-Berto,Guido Viel Pdf

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 : Vera Lúcia Raposo,Roy G. Beran
Publisher : Springer Nature
Page : 318 pages
File Size : 45,7 Mb
Release : 2021-11-25
Category : Law
ISBN : 9789811648557

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Medical Liability in Asia and Australasia by Vera Lúcia Raposo,Roy G. Beran Pdf

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 : Jo Samanta
Publisher : Edward Elgar Publishing
Page : 368 pages
File Size : 48,9 Mb
Release : 2021-10-28
Category : Electronic
ISBN : 1789908884

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Clinical Guidelines and the Law of Medical Negligence by Jo Samanta Pdf

This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law. The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse. This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.

Author : Kinga Bączyk-Rozwadowska
Publisher : Tort and Insurance Law
Page : 0 pages
File Size : 43,8 Mb
Release : 2013
Category : Compensation
ISBN : 311026997X

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Medical Malpractice and Compensation in Global Perspective by Kinga Bączyk-Rozwadowska Pdf

Liability law is rapidly changing in quite a number of countries. This is due to various factors, which are interrelated to a large extent: changing case law and legislation as well as increased and still increasing technical and medical knowledge. As a result, various occupational diseases can, for example, be attributed to working conditions or personal injury to specific products. From the very moment that causation can be proven, the question arises of whether or not liability can be established- with far-reaching economic consequences for all parties involved. The rise of phenomena such as mass torts, multiple causation, joint and several liability or various heads of damages (like ecological damage and several diseases and affections) rapidly increases the interest in tort law. In the context of the interrelation between liability and insurance, attention must be paid to the question of whether certain liabilities are still coverable or not, and, if they are, to what amounts. (The question of jurisdictions is of growing importance as is the question of whether a specific liability can be covered by insurance. In this context, one should bear in mind that the affordability of tort law also requires safe and sound insurers. The recent past has shown that there is a limit to their financial stability.)

Author : Gerald B. Robertson,Ellen I. Picard
Publisher : Unknown
Page : 685 pages
File Size : 48,8 Mb
Release : 2017
Category : Physicians
ISBN : 077988096X

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Legal Liability of Doctors and Hospitals in Canada by Gerald B. Robertson,Ellen I. Picard Pdf

Author : Marésa Cronje-Retief
Publisher : BRILL
Page : 542 pages
File Size : 54,5 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004478152

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The Legal Liability of Hospitals by Marésa Cronje-Retief Pdf

This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied. The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.

Author : Dieter Giesen
Publisher : Unknown
Page : 576 pages
File Size : 53,6 Mb
Release : 1981
Category : Arzthaftpflicht
ISBN : STANFORD:36105043799506

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Arzthaftungsrecht by Dieter Giesen Pdf

Author : Dieter Giesen
Publisher : BRILL
Page : 1000 pages
File Size : 48,5 Mb
Release : 1988-01-01
Category : Law
ISBN : 3166453229

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International Medical Malpractice Law by Dieter Giesen Pdf

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 : Chunyan Ding
Publisher : Unknown
Page : 0 pages
File Size : 55,8 Mb
Release : 2012
Category : Medical care
ISBN : 1780680724

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Medical Negligence Law in Transitional China by Chunyan Ding Pdf

This book contributes to a better understanding of past developments and current problems in Chinese medical negligence law and is a useful source to understand the topics of professional negligence and personal injury in Chinese law and in the Chinese society.

Author : Irehobhude O. Iyioha,Remigius N. Nwabueze
Publisher : Ashgate Publishing, Ltd.
Page : 353 pages
File Size : 44,7 Mb
Release : 2015-02-28
Category : Law
ISBN : 9781472436771

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Comparative Health Law and Policy by Irehobhude O. Iyioha,Remigius N. Nwabueze Pdf

Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ‘Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.

Author : Bill Madden,Janine McIlwraith
Publisher : Unknown
Page : 373 pages
File Size : 47,6 Mb
Release : 2013
Category : Liability (Law)
ISBN : 040933328X

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Australian Medical Liability by Bill Madden,Janine McIlwraith Pdf

Australian Medical Liability is a comprehensive handbook focusing on medical liability in the context of the civil liability legislation across Australia. This thoroughly revised second edition provides a detailed and in depth commentary on the elements of medical liability caselaw and legislation.