The Development Of Medical Liability In Germany 1800 1945
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The Development of Medical Liability in Germany, 1800-1945 by Colm Peter McGrath Pdf
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.
Medical Malpractice Legislation by Carlo Maria Masieri Pdf
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 : Ernst Karner,Barbara C. Steininger Publisher : Walter de Gruyter GmbH & Co KG Page : 814 pages File Size : 53,9 Mb Release : 2023-12-18 Category : Law ISBN : 9783111241685
Common Law and Civil Law Perspectives on Tort Law by Mauro Bussani,Anthony James Sebok,Marta Infantino Pdf
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.
Reasons and Context in Comparative Law by Sophie Turenne Pdf
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.
German Professions, 1800-1950 by Geoffrey Cocks,Konrad H. Jarausch Pdf
The role of the middle class in national development has always been of interest to historians concerned with the "peculiarities" of German history. Recently, the professional sector of the German middle class has come under historical scrutiny as part of a re-examination of those features of German society common to Western industrializing nations. This work provides comprehensive coverage of nineteenth- and twentieth-century Germany from the point of view of this new field. The contributors discuss the formation and development of such diverse professions as law, medicine, teaching, engineering, social work, and psychology, as well as the special cases of the bureaucracy and the military. They examine such questions as the role of the state in the creation and regulation of professions, the social and political role of various professional groups during the turbulent Weimar and Nazi periods, and the remarkable and troubling institutional continuity of certain professions through the Third Reich and into the postwar republics.
Sport and Physical Education in Germany by Ken Hardman,Roland Naul Pdf
Sport and physical education represent important components of German national life, from school and community participation, to elite, international level sport. 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. Key topics include: * sport and PE in pre-war, post war and re-unified Germany * sport and PE in schools * coach education * elite sport and sport science * women and sport * sport and recreation facilities. This book offers an illuminating insight into how sport and PE have helped to shape Germany. It represents fascinating reading for anyone with an interest in the history and sociology of sport, and those working in German studies.
German Northern Theater of Operations 1940-1945 [Illustrated Edition] by Earl Ziemke Pdf
[Includes 23 maps and 31 illustrations] This volume describes two campaigns that the Germans conducted in their Northern Theater of Operations. The first they launched, on 9 April 1940, against Denmark and Norway. The second they conducted out of Finland in partnership with the Finns against the Soviet Union. The latter campaign began on 22 June 1941 and ended in the winter of 1944-45 after the Finnish Government had sued for peace. The scene of these campaigns by the end of 1941 stretched from the North Sea to the Arctic Ocean and from Bergen on the west coast of Norway, to Petrozavodsk, the former capital of the Karelo-Finnish Soviet Socialist Republic. It faced east into the Soviet Union on a 700-mile-long front, and west on a 1,300-mile sea frontier. Hitler regarded this theater as the keystone of his empire, and, after 1941, maintained in it two armies totaling over a half million men. In spite of its vast area and the effort and worry which Hitler lavished on it, the Northern Theater throughout most of the war constituted something of a military backwater. The major operations which took place in the theater were overshadowed by events on other fronts, and public attention focused on the theaters in which the strategically decisive operations were expected to take place. Remoteness, German security measures, and the Russians’ well-known penchant for secrecy combined to keep information concerning the Northern Theater down to a mere trickle, much of that inaccurate. Since the war, through official and private publications, a great deal more has become known. The present volume is based in the main on the greatest remaining source of unexploited information, the captured German military and naval records. In addition a number of the participants on the German side have very generously contributed from their personal knowledge and experience.
Explorations and Entanglements by Hartmut Berghoff,Frank Biess,Ulrike Strasser Pdf
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.
Oxford Textbook of Global Public Health by Roger Detels,Martin Gulliford,Quarraisha Abdool Karim,Chorh Chuan Tan Pdf
Sixth edition of the hugely successful, internationally recognised textbook on global public health and epidemiology, with 3 volumes comprehensively covering the scope, methods, and practice of the discipline
NSA is a comprehensive collection of international nuclear science and technology literature for the period 1948 through 1976, pre-dating the prestigious INIS database, which began in 1970. NSA existed as a printed product (Volumes 1-33) initially, created by DOE's predecessor, the U.S. Atomic Energy Commission (AEC). NSA includes citations to scientific and technical reports from the AEC, the U.S. Energy Research and Development Administration and its contractors, plus other agencies and international organizations, universities, and industrial and research organizations. References to books, conference proceedings, papers, patents, dissertations, engineering drawings, and journal articles from worldwide sources are also included. Abstracts and full text are provided if available.
