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Author : Ewoud Hondius
Publisher : Cambridge University Press
Page : 235 pages
File Size : 40,6 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475823
A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.
Author : Colm Peter McGrath
Publisher : Unknown
Page : 262 pages
File Size : 52,6 Mb
Release : 2019-02
Category : Law
ISBN : 3465043677
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 : Dieter Giesen
Publisher : BRILL
Page : 992 pages
File Size : 53,8 Mb
Release : 1988-01-01
Category : Malpractice
ISBN : 3166453229
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 : Gerald B. Robertson,Ellen I. Picard
Publisher : Unknown
Page : 685 pages
File Size : 41,5 Mb
Release : 2017
Category : Physicians
ISBN : 077988096X
Author : Iain Hay
Publisher : Praeger
Page : 0 pages
File Size : 46,8 Mb
Release : 1992-04-30
Category : Health & Fitness
ISBN : 9780275939526
In conjunction with changing economic circumstances surrounding health care in the United States since 1945, malpractice insurance has contributed to changing patterns of control in medicine. Today, inflationary pressures associated with medical malpractice are clashing with endeavors to contain costs in health care. Hay provides a thorough investigation of the development of medical liability insurance in the United States--and its implications for tort law reform and health care provision. The book transcends traditional disciplinary boundaries to provide a straightforward account of circumstances giving rise to particular forms of legal, medical, and social regulation in the United States.
Author : Bernhard A. Koch
Publisher : Walter de Gruyter
Page : 704 pages
File Size : 49,8 Mb
Release : 2011
Category : Electronic
ISBN : 3119165719
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 reports authored by renowned experts from each legal system. In addition to providing a theoretical survey of key issues, contributors analyzed six hypotheticals based on actual cases, thereby also providing practical guidance on major aspects of liability claims.
Author : Dr Patrick Waterson
Publisher : Ashgate Publishing, Ltd.
Page : 449 pages
File Size : 48,6 Mb
Release : 2014-10-28
Category : History
ISBN : 9781409448143
Patient Safety Culture: Theory, Methods and Application is essential reading for all of the professional groups involved in patient safety and healthcare quality improvement, filling an important gap in the current market. The main purpose of this book is to provide researchers, healthcare managers and human factors practitioners with details of the latest developments within the theory and application of PSC within healthcare. It brings together contributions from the most prominent researchers and practitioners in the field of PSC and covers the background to work on safety culture, the dominant theories and concepts within PSC, examples of PSC tools, methods of assessment and their application, and details of the most prominent challenges for the future in the area.
Author : Dieter Giesen
Publisher : Springer
Page : 940 pages
File Size : 55,6 Mb
Release : 1988-09-08
Category : Law
ISBN : 9024737052
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 : Barbara J. Youngberg
Publisher : Jones & Bartlett Publishers
Page : 677 pages
File Size : 40,9 Mb
Release : 2013
Category : Medical
ISBN : 9780763774042
Examines the newest scientific advances in the science of safety.
Author : Organisation for Economic Co-operation and Development
Publisher : Org. for Economic Cooperation & Development
Page : 92 pages
File Size : 48,8 Mb
Release : 2006
Category : Business & Economics
ISBN : UCSD:31822034339747
Confidence in a country's health care system requires indemnification and deterrence systems that adequately cover liability, provide fair compensation for injury, and deter medical malpractices. Over the last years, in many OECD countries, these systems have experienced difficulties resulting in high-risk specialist physicians and surgeons leaving the practice and the development of expensive and useless - if not risky - defensive medicine. This publication surveys and assesses various types of mechanisms and reforms that best limit and indemnify medical accidents. Reasons for difficulties faced by some compensation and prevention regimes, given the specificities of national circumstances and in particular of health care systems, are examined. The study offers a series of unique and focused policy options for establishing more efficient indemnification and deterrence systems to cope with medical accidents.
Author : National Academies of Sciences, Engineering, and Medicine,Institute of Medicine,Board on Health Care Services,Committee on Diagnostic Error in Health Care
Publisher : National Academies Press
Page : 473 pages
File Size : 53,8 Mb
Release : 2015-12-29
Category : Medical
ISBN : 9780309377720
Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€"has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety.
Author : National Research Council and Institute of Medicine,Division of Behavioral and Social Sciences and Education,Commission on Behavioral and Social Sciences and Education,Committee on Contraceptive Development
Publisher : National Academies Press
Page : 206 pages
File Size : 46,7 Mb
Release : 1990-01-01
Category : Medical
ISBN : 9780309041478
There are numerous reasons to hasten the introduction of new and improved contraceptivesâ€"from health concerns about the pill to the continuing medical liability crisis. Yet, U.S. organizations are far from taking a leadership position in funding, researching, and introducing new contraceptivesâ€"in fact, the United States lags behind Europe and even some developing countries in this field. Why is research and development of contraceptives stagnating? What must the nation do to energize this critical arena? This book presents an overall examination of contraceptive development in the United Statesâ€"covering research, funding, regulation, product liability, and the effect of public opinion. The distinguished authoring committee presents a blueprint for substantial change, with specific policy recommendations that promise to gain the attention of specialists, the media, and the American public. The highly readable and well-organized volume will quickly become basic reading for legislators, government agencies, the pharmaceutical industry, private organizations, legal professionals, and researchersâ€"everyone concerned about family planning, reproductive health, and the impact of the liability and regulatory systems on scientific innovations.
Author : Institute of Medicine,Committee on Quality of Health Care in America
Publisher : National Academies Press
Page : 312 pages
File Size : 52,6 Mb
Release : 2000-03-01
Category : Medical
ISBN : 9780309068376
Experts estimate that as many as 98,000 people die in any given year from medical errors that occur in hospitals. That's more than die from motor vehicle accidents, breast cancer, or AIDSâ€"three causes that receive far more public attention. Indeed, more people die annually from medication errors than from workplace injuries. Add the financial cost to the human tragedy, and medical error easily rises to the top ranks of urgent, widespread public problems. To Err Is Human breaks the silence that has surrounded medical errors and their consequenceâ€"but not by pointing fingers at caring health care professionals who make honest mistakes. After all, to err is human. Instead, this book sets forth a national agendaâ€"with state and local implicationsâ€"for reducing medical errors and improving patient safety through the design of a safer health system. This volume reveals the often startling statistics of medical error and the disparity between the incidence of error and public perception of it, given many patients' expectations that the medical profession always performs perfectly. A careful examination is made of how the surrounding forces of legislation, regulation, and market activity influence the quality of care provided by health care organizations and then looks at their handling of medical mistakes. Using a detailed case study, the book reviews the current understanding of why these mistakes happen. A key theme is that legitimate liability concerns discourage reporting of errorsâ€"which begs the question, "How can we learn from our mistakes?" Balancing regulatory versus market-based initiatives and public versus private efforts, the Institute of Medicine presents wide-ranging recommendations for improving patient safety, in the areas of leadership, improved data collection and analysis, and development of effective systems at the level of direct patient care. To Err Is Human asserts that the problem is not bad people in health careâ€"it is that good people are working in bad systems that need to be made safer. Comprehensive and straightforward, this book offers a clear prescription for raising the level of patient safety in American health care. It also explains how patients themselves can influence the quality of care that they receive once they check into the hospital. This book will be vitally important to federal, state, and local health policy makers and regulators, health professional licensing officials, hospital administrators, medical educators and students, health caregivers, health journalists, patient advocatesâ€"as well as patients themselves. First in a series of publications from the Quality of Health Care in America, a project initiated by the Institute of Medicine
Author : Institute of Medicine,National Academy of Engineering
Publisher : National Academies Press
Page : 203 pages
File Size : 52,5 Mb
Release : 1988-01-01
Category : Medical
ISBN : 9780309038478
In the past 50 years the development of a wide range of medical devices has improved the quality of people's lives and revolutionized the prevention and treatment of disease, but it also has contributed to the high cost of health care. Issues that shape the invention of new medical devices and affect their introduction and use are explored in this volume. The authors examine the role of federal support, the decision-making process behind private funding, the need for reforms in regulation and product liability, the effects of the medical payment system, and other critical topics relevant to the development of new devices.
Author : Vera Lúcia Raposo,Roy G. Beran
Publisher : Springer Nature
Page : 318 pages
File Size : 46,5 Mb
Release : 2021-11-25
Category : Law
ISBN : 9789811648557
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.
