The Law Of Medical Negligence In England And Germany

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The Law of Medical Negligence in England and Germany

Marc Stauch
The Law of Medical Negligence in England and Germany Book PDF

Author : Marc Stauch
Publisher : Bloomsbury Publishing
Page : 206 pages
File Size : 53,8 Mb
Release : 2008-08-29
Category : Law
ISBN : 9781847314529

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The Law of Medical Negligence in England and Germany by Marc Stauch Pdf

This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way. The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that the respective treatments in each country of a given matter, eg the standard of care owed by medical practitioners, are discussed side-by-side. The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other. What is of particular interest is how, notwithstanding their common starting point in terms of the application of the fault-principle under private law, the detailed rules in the two countries differ markedly. This is true both in the divergent way that claims are structured and argued, and also quite often as regards their substantive outcome. It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.

Patient Safety, Law Policy and Practice

John Tingle,Pippa Bark
Patient Safety Law Policy and Practice Book PDF

Author : John Tingle,Pippa Bark
Publisher : Taylor & Francis
Page : 265 pages
File Size : 49,9 Mb
Release : 2011-03-02
Category : Law
ISBN : 9781136824401

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Patient Safety, Law Policy and Practice by John Tingle,Pippa Bark Pdf

The chapters in this book explore the patient safety managerial structures that exist in countries where there are developed patient safety infrastructures and cultures. The legal structures of these countries are explored and related to major in-country patient safety issues in order to draw comparisons and conclusions on patient safety.

Markesinis's German Law of Torts

Basil S Markesinis,John Bell,André Janssen
Markesinis s German Law of Torts Book PDF

Author : Basil S Markesinis,John Bell,André Janssen
Publisher : Bloomsbury Publishing
Page : 728 pages
File Size : 44,6 Mb
Release : 2019-10-03
Category : Law
ISBN : 9781509933211

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Markesinis's German Law of Torts by Basil S Markesinis,John Bell,André Janssen Pdf

Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.

The German Law of Torts

Basil S Markesinis,Hannes Unberath
The German Law of Torts Book PDF

Author : Basil S Markesinis,Hannes Unberath
Publisher : Hart Publishing
Page : 1127 pages
File Size : 51,6 Mb
Release : 2002-06-10
Category : Law
ISBN : 9781841132976

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The German Law of Torts by Basil S Markesinis,Hannes Unberath Pdf

This edition has been extensively rewritten and enlarged and is an ideal tool for those interested in comparative torts and comparative methodology.

Medical Law Concentrate

Ash Samanta
Medical Law Concentrate Book PDF

Author : Ash Samanta
Publisher : Oxford University Press, USA
Page : 215 pages
File Size : 49,9 Mb
Release : 2014
Category : Law
ISBN : 9780199689552

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Medical Law Concentrate by Ash Samanta Pdf

Medical Law Concentrate is the essential study and revision guide for law students looking to consolidate knowledge and achieve the best possible marks in their exams. Providing clear, succinct coverage of the essential topics, it enables you to quickly grasp the fundamental principles of this area of law and excel in exams.

Medical Accident Liability and Redress in English and French Law

Simon Taylor
Medical Accident Liability and Redress in English and French Law Book PDF

Author : Simon Taylor
Publisher : Cambridge University Press
Page : 197 pages
File Size : 41,7 Mb
Release : 2015-06-11
Category : Law
ISBN : 9781107102804

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Medical Accident Liability and Redress in English and French Law by Simon Taylor Pdf

Considers the lessons that French medical accident liability and redress law provides for possible reform in England and elsewhere.

Medical Malpractice and Compensation in Global Perspective

Ken Oliphant,Richard W. Wright
Medical Malpractice and Compensation in Global Perspective Book PDF

Author : Ken Oliphant,Richard W. Wright
Publisher : Walter de Gruyter
Page : 592 pages
File Size : 55,9 Mb
Release : 2013-10-29
Category : Law
ISBN : 9783110270235

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Medical Malpractice and Compensation in Global Perspective by Ken Oliphant,Richard W. Wright Pdf

The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.

"Text, Cases & Materials on Medical Law "

Marc Stauch
Text Cases Materials on Medical Law Book PDF

Author : Marc Stauch
Publisher : Routledge
Page : 864 pages
File Size : 52,5 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351546904

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"Text, Cases & Materials on Medical Law " by Marc Stauch Pdf

Lucid and logical in structure, this new edition, previously entitled Sourcebook on Medical Law draws together a wide range of essential material, including extracts from statutes, cases and academic commentary from medical law; an area which is fast becoming an important part of undergraduate syllabuses.Fully updated to take account of recent developments in this dynamic area of law, it examines two major pieces of legislation: the Mental Capacity Act 2005 and the Human Tissue Act 2004 as well as a significant amount of new case law, including the House of Lords decisions in Chester v Afshar and Gregg v Scott and the Court of Appeal decision in R (on the application of Burke) v GMC and others.Divided into two parts, it covers:the general principles that permeate medical law, exploring illness and the ethics of care and healthcare in England and Wales and consent to treatment, confidentiality and medical malpracticeissues which arise in relation to specific areas of medical treatment, including infertility treatment and surrogacy, pregnancy and abortion, treating the incompetent, the mentally ill, medical research, organ transplants and euthanasia. This textbook is an invaluable reference tool for all those studying medical law as well as those studying medicine.

Common Law and Civil Law Perspectives on Tort Law

Mauro Bussani,Anthony James Sebok,Marta Infantino
Common Law and Civil Law Perspectives on Tort Law Book PDF

Author : Mauro Bussani,Anthony James Sebok,Marta Infantino
Publisher : Oxford University Press
Page : 297 pages
File Size : 50,9 Mb
Release : 2022
Category : Law
ISBN : 9780195368383

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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.

Medical Malpractice Legislation

Carlo Maria Masieri
Medical Malpractice Legislation Book PDF

Author : Carlo Maria Masieri
Publisher : Taylor & Francis
Page : 85 pages
File Size : 45,9 Mb
Release : 2024-05-08
Category : Law
ISBN : 9781040096987

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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.

Vicarious Liability in Tort

Paula Giliker
Vicarious Liability in Tort Book PDF

Author : Paula Giliker
Publisher : Cambridge University Press
Page : 331 pages
File Size : 46,9 Mb
Release : 2010-10-28
Category : Law
ISBN : 9781139493079

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Vicarious Liability in Tort by Paula Giliker Pdf

Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.

Doping in Sport and the Law

Ulrich Haas,Deborah Healey
Doping in Sport and the Law Book PDF

Author : Ulrich Haas,Deborah Healey
Publisher : Bloomsbury Publishing
Page : 344 pages
File Size : 50,6 Mb
Release : 2016-09-22
Category : Law
ISBN : 9781509905904

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Doping in Sport and the Law by Ulrich Haas,Deborah Healey Pdf

This unique international legal and cross-disciplinary edited volume contains analysis of the legal impact of doping regulation by eminent and well known experts in the legal fields of sports doping regulation and diverse legal fields which are intrinsically important areas for consideration in the sports doping landscape. These are thoughtful extended reflections by experts on theory and policy and how they interact with law in the context of doping in sport. It is the first book to examine the topical and contentious area of sports doping from a variety of different but very relevant legal perspectives which impact the stakeholders in sport at both professional and grass roots levels. The World Anti-Doping Code contains an unusual mix of public and private regulation which is of more general interest and fully explored in this work. Each of the 14 chapters addresses doping regulation from a legal perspective such as tort, corporate governance, employment law, human rights law, or a scientific area. Legal areas are generally considered from an international and not national perspective. Issues including fairness, logic and the likelihood of compliance are explored. It is vital reading for anyone interested in the law, regulation and governance of sport.

Causation in European Tort Law

Marta Infantino,Eleni Zervogianni
Causation in European Tort Law Book PDF

Author : Marta Infantino,Eleni Zervogianni
Publisher : Cambridge University Press
Page : 785 pages
File Size : 46,5 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781108418362

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Causation in European Tort Law by Marta Infantino,Eleni Zervogianni Pdf

This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

Research Handbook on Patient Safety and the Law

John Tingle,Caterina Milo,Gladys Msiska,Ross Millar
Research Handbook on Patient Safety and the Law Book PDF

Author : John Tingle,Caterina Milo,Gladys Msiska,Ross Millar
Publisher : Edward Elgar Publishing
Page : 407 pages
File Size : 50,7 Mb
Release : 2023-12-11
Category : Law
ISBN : 9781802207064

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Research Handbook on Patient Safety and the Law by John Tingle,Caterina Milo,Gladys Msiska,Ross Millar Pdf

Despite recurring efforts, a gap exists across a variety of contexts between the protection of patients’ safety in theory and in practice. This timely Research Handbook highlights these critical issues and suggests both legal and policy changes are necessary to better protect patients’ safety.

Third-Party Certifiers

Jan De Bruyne
Third Party Certifiers Book PDF

Author : Jan De Bruyne
Publisher : Kluwer Law International B.V.
Page : 691 pages
File Size : 54,8 Mb
Release : 2019-07-12
Category : Law
ISBN : 9789403510927

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Third-Party Certifiers by Jan De Bruyne Pdf

Third-Party Certifiers Jan De Bruyne Third-party certifiers are organisations that are independent a requesting entity. They attest that a product, service, information or person possesses certain qualifications or meets safety, quality or technical standards. This important book presents an in-depth analysis of the liability and obligations of certifiers, evaluates existing certification processes in selected fields and proposes new mechanisms which could increase the accuracy and reliability of certifiers’ ratings, marks or reports. Highlighting the risks of errors in this activity – inaccurate certification was a major factor in the global financial crisis of 2008 – the author takes a comparative approach, looking at the certification process in several European countries, Australia and the United States. Such aspects of the process as the following are thoroughly described: obligations and liability of certifiers during the certification process; risk of ‘information asymmetry’ between the requesting entity and the end user; and relationship between the civil liability of certifiers and public law aspects. The analysis includes detailed research on key industries and jurisdictions and a specific proposed framework for more accurate and reliable certification. Because the efficient and effective functioning of third-party certifiers is extremely important in today’s world – especially in such areas as health, the environment, safety or economic values – this deeply researched contribution to an important area of commercial law, combining analysis of current issues with proposed reforms, will be welcomed by practitioners when confronted with legal issues with regard to the certification process. The book’s conceptual framework will also prove highly useful for policymakers charged with developing reliable certification mechanisms.