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| Author | : Ewoud Hondius |
| Publisher | : Cambridge University Press |
| Total Pages | : 235 |
| Release | : 2014-07-31 |
| Genre | : Law |
| ISBN | : 1107475821 |
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 | : |
| Total Pages | : 262 |
| Release | : 2019-02 |
| Genre | : Law |
| ISBN | : 9783465043676 |
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 |
| Total Pages | : 1000 |
| Release | : 1988-01-01 |
| Genre | : Law |
| ISBN | : 9783166453224 |
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 | : Bernhard A. Koch |
| Publisher | : Walter de Gruyter |
| Total Pages | : 749 |
| Release | : 2011 |
| Genre | : Law |
| ISBN | : 3110260107 |
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
| Author | : Colm Peter Michael McGrath |
| Publisher | : |
| Total Pages | : |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
| Author | : Bernard S. Black |
| Publisher | : Cato Institute |
| Total Pages | : 337 |
| Release | : 2021-04-27 |
| Genre | : Law |
| ISBN | : 194864780X |
"Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
| Author | : Dr Patrick Waterson |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 449 |
| Release | : 2014-11-28 |
| Genre | : History |
| ISBN | : 1472406354 |
How safe are hospitals? Why do some hospitals have higher rates of accident and errors involving patients? How can we accurately measure and assess staff attitudes towards safety? How can hospitals and other healthcare environments improve their safety culture and minimize harm to patients? These and other questions have been the focus of research within the area of Patient Safety Culture (PSC) in the last decade. More and more hospitals and healthcare managers are trying to understand the nature of the culture within their organisations and implement strategies for improving patient safety. 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 (e.g. measuring safety culture in industries such as aviation and the nuclear industry), 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. 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.
| Author | : Dieter Giesen |
| Publisher | : |
| Total Pages | : 576 |
| Release | : 1981 |
| Genre | : Arzthaftpflicht |
| ISBN | : |
| Author | : Mark A. Hall |
| Publisher | : Aspen Publishing |
| Total Pages | : 593 |
| Release | : 2018-05-21 |
| Genre | : Law |
| ISBN | : 1543804748 |
Medical Liability and Treatment Relationships is based on Part I, The Provider and the Patient, of parent book Health Care Law and Ethics, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Features: Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider. Includes cases and materials on Medical Malpractice not found in the parent book, including: Supreme Court decisions and notes on forensic medicine and epidemiological evidence. Problems on practice guidelines as proof of negligence. Cases and notes about ethics violations arising from ex parte contacts with treating physicians. Integrates public health and ethics issues from a relational perspective. Clear notes smooth transitions between cases and background information. Teacher’s Manual is derived from corresponding sections in the parent Teacher’s Manual. Online resources provide background materials, updates of important events, additional relevant topics and links to other resources on the Internet.
| Author | : Santo Davide Ferrara |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 374 |
| Release | : 2013-04-11 |
| Genre | : Medical |
| ISBN | : 3642358314 |
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.
