Uncertain Causation In Medical Liability

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Uncertain Causation in Medical Liability

Lara Khoury
Uncertain Causation in Medical Liability Book PDF

Author : Lara Khoury
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 53,6 Mb
Release : 2006-07-18
Category : Law
ISBN : 9781847312730

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Uncertain Causation in Medical Liability by Lara Khoury Pdf

'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

Evidential Uncertainty in Causation in Negligence

Gemma Turton
Evidential Uncertainty in Causation in Negligence Book PDF

Author : Gemma Turton
Publisher : Bloomsbury Publishing
Page : 419 pages
File Size : 50,9 Mb
Release : 2016-05-19
Category : Law
ISBN : 9781509900336

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Evidential Uncertainty in Causation in Negligence by Gemma Turton Pdf

This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.

Tort Liability Under Uncertainty

Ariel Porat,Alex Stein
Tort Liability Under Uncertainty Book PDF

Author : Ariel Porat,Alex Stein
Publisher : Oxford University Press, USA
Page : 236 pages
File Size : 40,5 Mb
Release : 2001
Category : Law
ISBN : 0198267975

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Tort Liability Under Uncertainty by Ariel Porat,Alex Stein Pdf

Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.

Proof of Causation in Tort Law

Sandy Steel
Proof of Causation in Tort Law Book PDF

Author : Sandy Steel
Publisher : Cambridge University Press
Page : 461 pages
File Size : 55,8 Mb
Release : 2015-09-11
Category : Law
ISBN : 9781107049109

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Proof of Causation in Tort Law by Sandy Steel Pdf

A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.

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 : 42,9 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.

Uncertain Causation in Tort Law

Miquel Martín-Casals,Diego M. Papayannis
Uncertain Causation in Tort Law Book PDF

Author : Miquel Martín-Casals,Diego M. Papayannis
Publisher : Cambridge University Press
Page : 343 pages
File Size : 42,5 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781316425480

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Uncertain Causation in Tort Law by Miquel Martín-Casals,Diego M. Papayannis Pdf

This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.

Uncertain Causation in Tort Law

Miquel Martín-Casals,Diego M. Papayannis
Uncertain Causation in Tort Law Book PDF

Author : Miquel Martín-Casals,Diego M. Papayannis
Publisher : Cambridge University Press
Page : 351 pages
File Size : 48,5 Mb
Release : 2015-11-19
Category : Law
ISBN : 9781107128361

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Uncertain Causation in Tort Law by Miquel Martín-Casals,Diego M. Papayannis Pdf

This discussion of causal uncertainty in tort liability shows the important normative, epistemological and procedural implications of the various proposed solutions, and will be of interest to legal scholars, legal philosophers and advanced tort law students.

Improving Diagnosis in Health Care

National Academies of Sciences, Engineering, and Medicine,Institute of Medicine,Board on Health Care Services,Committee on Diagnostic Error in Health Care
Improving Diagnosis in Health Care Book PDF

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 : 50,5 Mb
Release : 2015-12-29
Category : Medical
ISBN : 9780309377720

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Improving Diagnosis in Health Care by National Academies of Sciences, Engineering, and Medicine,Institute of Medicine,Board on Health Care Services,Committee on Diagnostic Error in Health Care Pdf

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.

Medical Liability in Europe

Bernhard A. Koch,Ewa Bagińska
Medical Liability in Europe Book PDF

Author : Bernhard A. Koch,Ewa Bagińska
Publisher : Walter de Gruyter
Page : 749 pages
File Size : 47,9 Mb
Release : 2011
Category : Law
ISBN : 9783110260106

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Medical Liability in Europe by Bernhard A. Koch,Ewa Bagińska Pdf

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 repor

Evidential Uncertainty in Causation in Negligence

Gemma Turton
Evidential Uncertainty in Causation in Negligence Book PDF

Author : Gemma Turton
Publisher : Bloomsbury Publishing
Page : 264 pages
File Size : 43,6 Mb
Release : 2016-05-19
Category : Law
ISBN : 9781509900329

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Evidential Uncertainty in Causation in Negligence by Gemma Turton Pdf

This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.

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 : 48,9 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.

Causation in Competition Law Damages Actions

Claudio Lombardi
Causation in Competition Law Damages Actions Book PDF

Author : Claudio Lombardi
Publisher : Cambridge University Press
Page : 245 pages
File Size : 43,5 Mb
Release : 2020-01-02
Category : Law
ISBN : 9781108428620

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Causation in Competition Law Damages Actions by Claudio Lombardi Pdf

Elucidates the concept of causation in competition law damages and outlines its practical implications through relevant case law.

The Development of Medical Liability

Ewoud Hondius
The Development of Medical Liability Book PDF

Author : Ewoud Hondius
Publisher : Cambridge University Press
Page : 235 pages
File Size : 41,5 Mb
Release : 2014-07-31
Category : Law
ISBN : 9781107475823

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The Development of Medical Liability by Ewoud Hondius Pdf

A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.

Perspectives on Causation

Richard Goldberg
Perspectives on Causation Book PDF

Author : Richard Goldberg
Publisher : Bloomsbury Publishing
Page : 478 pages
File Size : 51,7 Mb
Release : 2011-10-21
Category : Law
ISBN : 9781847318428

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Perspectives on Causation by Richard Goldberg Pdf

The chapters in this volume arise from a conference held at the University of Aberdeen concerning the law of causation in the UK, Commonwealth countries, France and the USA. The distinguished group of international experts who have contributed to this book examine the ways in which legal doctrine in causation is developing, and how British law should seek to influence and be influenced by developments in other countries. As such, the book will serve as a focal point for the study of this important area of law. The book is organised around three themes - the black letter law, scientific evidence, and legal theory. In black letter law scholarship, major arguments have emerged about how legal doctrine will develop in cases involving indeterminate defendants and evidential gaps in causation. Various chapters examine the ways in which legal doctrine should develop over the next few years, in particular in England, Scotland, Canada and the USA, including the problem of causation in asbestos cases. In the area of scientific evidence, its role in the assessment of causation in civil litigation has never been greater. The extent to which such evidence can be admitted and used in causation disputes is controversial. This section of the book is therefore devoted to exploring the role of statistical evidence in resolving causation problems, including recent trends in litigation in the UK, USA, Australia and in France and the question of liability for future harm. In the legal theory area, the so-called NESS (necessary element in a sufficient set) test of causation is discussed and defended. The importance of tort law responding to developing science and observations from the perspective of precaution and indeterminate causation are also explored. The book will be of interest to legal academics, policy makers in the field, specialist legal practitioners, those in the pharmaceutical and bioscience sectors, physicians and scientists.

French Civil Liability in Comparative Perspective

Jean-Sébastien Borghetti,Simon Whittaker
French Civil Liability in Comparative Perspective Book PDF

Author : Jean-Sébastien Borghetti,Simon Whittaker
Publisher : Bloomsbury Publishing
Page : 544 pages
File Size : 42,7 Mb
Release : 2019-12-26
Category : Law
ISBN : 9781509927296

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French Civil Liability in Comparative Perspective by Jean-Sébastien Borghetti,Simon Whittaker Pdf

The French law of torts or of extra-contractual liability is widely seen as exceptional. For long it was based on a mere five articles of the Civil Code of 1804, but on this foundation the courts and legal scholars have constructed liabilities for fault and strict liability of an extraordinary breadth and significance. While the rest of the general law of obligations (including contract) in the Civil Code was reformed in 2016 by executive ordonnance, this area was left aside, being the subject in 2017 of a proposal by the French Government for the legislative reform of the law of civil liability, a new legislative category to include both contractual and extra-contractual liability. This work considers important aspects of this developing area of French law in a series of essays by French lawyers and comparative lawyers working in French law and other civil law systems. In doing so, it provides insight into the doctrinal thinking and judgments of French lawyers as well as the possible directions in which this area of the law may be developed in the future.