Personal Injury And Damage Ascertainment Under Civil Law

Author : Santo Davide Ferrara,Rafael Boscolo-Berto,Guido Viel
Publisher : Springer
Page : 700 pages
File Size : 41,8 Mb
Release : 2016-10-06
Category : Medical
ISBN : 9783319298122

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Personal Injury and Damage Ascertainment under Civil Law by Santo Davide Ferrara,Rafael Boscolo-Berto,Guido Viel Pdf

This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.

Author : Santo Davide Ferrara
Publisher : Springer
Page : 635 pages
File Size : 49,8 Mb
Release : 2018-03-27
Category : Medical
ISBN : 9783319670928

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P5 Medicine and Justice by Santo Davide Ferrara Pdf

This book describes the state of the art and future prospects of the most important bio-medicolegal subdisciplines in the post-genomic framework of personalized medicine. Focusing on the three main themes Innovation, Unitariness and Evidence, the book addresses a wide range of topics, including: Bio-Medicolegal and Criminological Sciences, Forensic Pathology and Anthropology, Clinical and Forensic Medicine in Living Persons (from Interpersonal Violence to Personal Injury and Damage, Malpractice, Personal Identification and Age Estimation), Forensic Genetics and Genomics, and Toxicology and Imaging. The unitariness of the “Bio-Medicolegal Sciences”, historically founded on the accuracy and rigor of the methods of ascertainment and criteria of evaluation, should be re-established on the basis of molecular evidence, and used to promote Personalized Justice. Taken together, the book’s conclusions and future perspectives outline a vision of transdisciplinary innovation and future evidence in the framework of personalized justice.

Author : Pietro Cipresso,Jason C. Immekus
Publisher : Frontiers Media SA
Page : 480 pages
File Size : 46,5 Mb
Release : 2022-03-25
Category : Medical
ISBN : 9782889747610

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Statistical Guidelines: New Developments in Statistical Methods and Psychometric Tools by Pietro Cipresso,Jason C. Immekus Pdf

Author : Attila Harmathy
Publisher : Kluwer Law International B.V.
Page : 694 pages
File Size : 43,7 Mb
Release : 2019-09-20
Category : Law
ISBN : 9789403506104

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Introduction to Hungarian Law by Attila Harmathy Pdf

About this book: Introduction to Hungarian Law provides a basic knowledge of legal concepts of Hungary, with special emphasis on practical issues. Hungary’s historical connection to the European legal tradition has enabled the country’s legal system to overcome the legal gap caused by political developments after the Second World War. This practical book, far from a simple second edition of the volume published more than ten years ago, details the full-fledged legal system that has been established prior to and since Hungary became a member of the European Union in 2004, and it contains information concerning the existing legal system. This book provides a comprehensive overview of all major areas of Hungarian law, from constitutional law and administrative law to business law and labour law. What’s in this book: Designed for non-Hungarian practitioners encountering Hungarian law in the course of their work, expert local contributors provide, in English, thorough guidance on legal areas, including the following: constitutional law; administrative law; fiscal and financial law; taxation; family law, property law and succession law; contracts; torts; company law; labour law; copyright and patents; private international law; civil litigation; arbitration; and criminal law and procedure. How this will help you: Practising lawyers in every field, business people seeking international markets and academic researchers, government officials and students will find this volume to be of great practical value. It offers a quick and reliable way into any area of Hungarian law that they may be required to research in order to provide straight and simple answers according to the needs of those who may have to interact with the Hungarian legal system.

Author : Honorio Benzon,James P. Rathmell,Christopher L. Wu,Dennis Turk,Charles E. Argoff,Robert W Hurley
Publisher : Elsevier Health Sciences
Page : 1520 pages
File Size : 47,9 Mb
Release : 2022-02-10
Category : Medical
ISBN : 9780323711029

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Practical Management of Pain by Honorio Benzon,James P. Rathmell,Christopher L. Wu,Dennis Turk,Charles E. Argoff,Robert W Hurley Pdf

For more than 30 years, Practical Management of Pain has offered expert guidance to both clinicians and trainees, covering every aspect of acute and chronic pain medicine for adult and pediatric patients. The fully revised 6th Edition brings you fully up to date with new developments in patient evaluation, diagnosis of pain syndromes, rationales for management, treatment modalities, and much more. Edited by a team of renowned pain clinicians led by Dr. Honorio Benzon, this authoritative reference is a comprehensive, practical resource for pain diagnosis and treatment using a variety of pharmacologic and physical modalities. Presents a wealth of information in a clearly written, easily accessible manner, enabling you to effectively assess and draw up an optimal treatment plan for patients with acute or chronic pain. Takes a practical, multidisciplinary approach, making key concepts and techniques easier to apply to everyday practice. Shares the knowledge and expertise of global contributors on all facets of pain management, from general principles to specific management techniques. Discusses the latest, best management techniques, including joint injections, ultrasound-guided therapies, and new pharmacologic agents such as topical analgesics. Covers recent global developments regarding opioid induced hyperalgesia, neuromodulation and pain management, and identification of specific targets for molecular based pain. Includes current information on the use of cannabinoids in pain management and related regulatory, professional, and legal considerations. Includes the latest guidelines on facet injections and safety of contrast agents. Provides new, evidence-based critical analysis on treatment modality outcomes and the latest information on chronic pain as a result of surgical interventions.

Author : Cristina Scarpazza,Giuseppe Sartori
Publisher : Frontiers Media SA
Page : 149 pages
File Size : 55,5 Mb
Release : 2020-07-08
Category : Electronic
ISBN : 9782889638307

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Deception in Court: Open Issues and Detection Techniques by Cristina Scarpazza,Giuseppe Sartori Pdf

Author : Santo Davide Ferrara,Rafael Boscolo-Berto,Guido Viel
Publisher : Springer Science & Business Media
Page : 374 pages
File Size : 49,8 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 : Xinbao Zhang
Publisher : Springer
Page : 538 pages
File Size : 54,5 Mb
Release : 2017-11-22
Category : Law
ISBN : 9789811069611

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Legislation of Tort Liability Law in China by Xinbao Zhang Pdf

This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.

Author : Yuanshi Bu
Publisher : Bloomsbury Publishing
Page : 324 pages
File Size : 50,5 Mb
Release : 2013-07-30
Category : Law
ISBN : 9781782251071

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Chinese Civil Law by Yuanshi Bu Pdf

China is a major civil law jurisdiction. Since the end of the 1990s great efforts have been made in China to codify the entire civil law. With the major statutes governing contracts, property, torts and conflict of laws promulgated in 1999, 2007, 2009 and 2010 respectively, the most crucial steps have been taken towards the creation of a Chinese Civil code. This book attempts to shed light on both the theoretical and the practical aspects of Chinese civil law, while extensive footnotes and a detailed bibliography and index allow for further study of specific areas and facilitate systematic research. The book addresses the following topics: Part I General, Part II Contracts, Part III Tort Law, Part IV Property Law, Part V Conflict of Laws. Main features: Combination of an overall picture of the specific field of law at issue and thorough analysis of fundamental issues. Combination of black letter law and law in action. Selected bibliography of publications in English, information on English translations of Chinese regulations available in the public domain, lists of the relevant statutes and judicial interpretations, as well as cases.

Author : Peter W. Hogg,Patrick Monahan,Wade Kenneth Wright
Publisher : Thomson Carswell
Page : 527 pages
File Size : 47,8 Mb
Release : 2011
Category : Government liability
ISBN : 0779836359

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Liability of the Crown by Peter W. Hogg,Patrick Monahan,Wade Kenneth Wright Pdf

"With government having assumed an important role in most areas of economic and social life, issues relating to potential legal liability for wrongful or negligent activity have taken on increasing importance. When things go wrong, whether it involves matters as diverse as problems with the blood supply, with unsafe drinking water, or the failure of a major financial institution, those who suffer loss inevitably look to whether their losses can be traced back to government or regulatory failure.

Author : Martin Davies,Jiang Lin
Publisher : Springer Nature
Page : 1153 pages
File Size : 54,6 Mb
Release : 2021-09-03
Category : Law
ISBN : 9783662632390

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Chinese Maritime Cases by Martin Davies,Jiang Lin Pdf

This book selects leading, innovative and influential Chinese maritime judgments and presents full translation of them, with brief summary, to the readers so that they can have insights of how the Chinese maritime judges interpret, apply and develop Chinese maritime law in practice. China trades with other states in trillions of USD every year, and about 95% of the cargoes are carried by ocean-going ships calling at hundreds of Chinese ports each single day. Due to the enormous and steadily growing trade volume and shipping activities, foreign ships, companies and persons are often caught by the Chinese maritime law and court. The parties involved and their lawyers are more than ever enthusiastic to study Chinese maritime cases in order to deal with their own cases properly or, if possible, predict the potential problems and avoid the disputes outright. The book is appealing to and benefits worldwide law students, academics, practitioners and industrial people in the shipping, trade, insurance and financial fields. The book remedies to certain extent the situation that there is lack of authoritative sources available to foreign personnel to look into how Chinese justice system functions.

Author : Horst Schlemminger,Claus-Peter Martens,Holger Wissel,Jane Martens
Publisher : Kluwer Law International B.V.
Page : 866 pages
File Size : 55,7 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041122810

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German Environmental Law for Practitioners by Horst Schlemminger,Claus-Peter Martens,Holger Wissel,Jane Martens Pdf

Environmental Law for Practitioners is an invaluable, practice-related introduction to environmental law in Germany, written by specialist legal advisers with extensive experience in the practical application of environmental law. This wholly revised second edition takes account of recent developments in rapidly changing environmental legislation and case-law. It is essential reading for foreign investors as well as providing swift, ready access to legal provisions and terms in both German and English. The book comprises an English description of environmental law in Germany and a bilingual compilation of the most important environmental statute texts. After a brief introduction to German environmental law and a short discussion of the legal bases and principles, fundamental aspects of significant interest to foreign investors are examined. The regulation of environmentally relevant activities is explained in a clear, concise way. Responsibility for residual pollution is discussed in detail. The book also provides a clear overview of both environmental private law and environmental criminal law, focussing on new developments relevant to investors and outlining recent trends in environmental litigation. In addition, environmental levies and their practical application as a formative instrument of environmental policy are described. The relationship between environmental law and contract is also explored. Finally, the authors look at environmental management systems and access to environmental information. The bilingual statute texts make vital legislation on the pollution and protection of the environment available to advisers and investors alike.

Author : Jabez Gridley Sutherland
Publisher : Unknown
Page : 1378 pages
File Size : 51,9 Mb
Release : 1916
Category : Damages
ISBN : UOM:35112104612918

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A Treatise on the Law of Damages by Jabez Gridley Sutherland Pdf

Author : Yu Yan
Publisher : BRILL
Page : 393 pages
File Size : 50,7 Mb
Release : 2019-11-11
Category : Law
ISBN : 9789004411081

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Road Traffic Liability in China by Yu Yan Pdf

In Road Traffic Liability in China: A View from Law and Economics Yu Yan offers an in-depth analysis of the Chinese road traffic liability system, with other alternative accident prevention and compensation systems from a view of law and economics.

Author : Hugh Evander Willis
Publisher : Unknown
Page : 260 pages
File Size : 40,5 Mb
Release : 1910
Category : Damages
ISBN : STANFORD:36105044077035

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Principles of the Law of Damages by Hugh Evander Willis Pdf