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La Jurisprudence Dans Lelaboration De La Reparation Du Dommage Medical
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Book Synopsis La jurisprudence dans l'élaboration de la réparation du dommage médical by : Pierre Aberkane
Download or read book La jurisprudence dans l'élaboration de la réparation du dommage médical written by Pierre Aberkane and published by . This book was released on 2011 with total page 573 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit médical s’est construit principalement à partir de la jurisprudence des deux ordres de juridictions. Ils ont progressivement reconnu des droits aux victimes d’accidents médicaux tout en préservant l’exercice de la médecine. Les droits subjectifs viennent concurrencer la responsabilité civile. La responsabilité pour faute est devenue résiduelle. L’abandon de la faute lourde va résonner comme une victoire pour les associations de victimes d’accidents médicaux. La relation patient/médecin va se (re)construire à partir de nouveaux fondements érigés par la Cour de cassation. Un rapprochement entre le juge administratif et le juge judiciaire va être possible ces dernières années dans l’intérêt des victimes. Le droit à l’intégrité physique confirme le droit à la réparation. La jurisprudence va obliger les professionnels de santé à la plus grande vigilance en ce qui concerne les mesures d’asepsies. Nous assistons à un élargissement des préjudices réparables pour répondre à la notion de réparation intégrale. La recherche de l’équité se traduit d’une part par une harmonisation des grilles d’évaluation et d’autre part par une liberté d’exercice de l’expert judiciaire et du juge dans une barèmisation sclérosante pour les victimes.Nous pouvons reconnaître l’influence exercée par la jurisprudence sur l’interventionnisme législatif afin d’adapter le droit de la responsabilité civile et administrative. La doctrine européenne a confirmé sa position sur la notion de réparation intégrale aux juges français. Le droit du dommage corporel est confronté aux projets européens d’harmonisation.
Book Synopsis Malpractice and Medical Liability by : Santo Davide Ferrara
Download or read book Malpractice and Medical Liability written by Santo Davide Ferrara and published by Springer Science & Business Media. This book was released on 2013-04-11 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law of the International Civil Service by : Chittharanjan Felix Amerasinghe
Download or read book The Law of the International Civil Service written by Chittharanjan Felix Amerasinghe and published by . This book was released on 1988 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Philosophy manual: a South-South perspective by : Chanthalangsy, Phinith
Download or read book Philosophy manual: a South-South perspective written by Chanthalangsy, Phinith and published by UNESCO Publishing. This book was released on 2014-12-31 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Ethics and the Pharmaceutical Industry by : Michael A. Santoro
Download or read book Ethics and the Pharmaceutical Industry written by Michael A. Santoro and published by Cambridge University Press. This book was released on 2005-10-31 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the pharmaceutical industry's notable contributions to human progress, including the development of miracle drugs for treating cancer, AIDS, and heart disease, there is a growing tension between the industry and the public. Government officials and social critics have questioned whether the multibillion-dollar industry is fulfilling its social responsibilities. This doubt has been fueled by the national debate over drug pricing and affordable healthcare, and internationally by the battles against epidemic diseases, such as AIDS, in the developing world. Debates are raging over how the industry can and should be expected to act. The contributions in this book by leading figures in industry, government, NGOs, the medical community, and academia discuss and propose solutions to the ethical dilemmas of drug industry behavior. They examine such aspects as the role of intellectual property rights and patent protection, the moral and economic requisites of research and clinical trials, drug pricing, and marketing.
Book Synopsis Basic Questions of Tort Law from a Comparative Perspective by : Helmut Koziol
Download or read book Basic Questions of Tort Law from a Comparative Perspective written by Helmut Koziol and published by . This book was released on 2015 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Murder, Manslaughter and Infanticide by : Great Britain: Law Commission
Download or read book Murder, Manslaughter and Infanticide written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2006-11-29 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Law Commission consultation paper 'A new homicide act for England and Wales?' was published as LCCP 177 (ISBN 0117302643) in April 2006.
Book Synopsis Contributory Negligence by : Emanuel van Dongen
Download or read book Contributory Negligence written by Emanuel van Dongen and published by Martinus Nijhoff Publishers. This book was released on 2014-08-14 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accidents often occur not only through the fault of the wrongdoer but also partly through the conduct of the injured party. This contributory conduct of the injured party and its consequences for the delictual liability of the wrongdoer have been central issues in the study of private law for centuries. In Contributory Negligence. A Historical and Comparative Study Van Dongen presents a detailed study of how from Antiquity to today the negligent behaviour of the injured party has influenced claims for damages based on delictual liability and how it evolved into the modern concept of contributory negligence. His research comprises a comparative legal study of the main current developments concerning the concept of contributory negligence in France, Germany and the Netherlands.
Book Synopsis InsurTech: A Legal and Regulatory View by : Pierpaolo Marano
Download or read book InsurTech: A Legal and Regulatory View written by Pierpaolo Marano and published by Springer Nature. This book was released on 2019-12-05 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Volume of the AIDA Europe Research Series on Insurance Law and Regulation explores the key trends in InsurTech and the potential legal and regulatory issues that accompany them. There is a proliferation of ideas and concepts within InsurTech that will fundamentally change the market in the next few years. These innovations have the potential to change the way the insurance industry works and alter the relationships between customers and insurers, resulting in insurance products that are more closely aligned to individual preferences and priced more appropriately to the risk. Increasing use of technology in the insurance sector is having both a disruptive and transformative impact on areas including product development, distribution, modelling, underwriting and claims and administration practice. The result is a new industry, known as InsurTech. But while the insurance market looks to technology for greater efficiency, regulators are beginning to raise concerns about managing potential risks. The first part of the book examines technological innovations relevant for insurance, such as FinTech, InsurTech, Sharing Economy, and the Internet of Things. The second part then gathers contributions on insurance contract law in a digitalized world, while the third part focuses on cyber insurance and robots. Last but not least, the fourth part of the book discusses legal and ethical questions regarding autonomous vehicles and transportation, including the shipping industry, as well as their impact on the insurance sector and civil liability. Written by legal scholars and practitioners, the book offers international, comparative and European perspectives. The Chapters "FinTech, InsurTech and the Regulators" by Viktoria Chatzara, "Smart Contracts in Insurance. A Law and Futurology Perspective" by Angelo Borselli and "Room for Compulsory Product Liability Insurance in the European Union for Smart Robots?” by Aysegul Bugra are available open access under a CC BY 4.0 license at link.springer.com. All three open access chapters were funded by BIPAR.
Book Synopsis European Contract Law by : Bénédicte Fauvarque-Cosson
Download or read book European Contract Law written by Bénédicte Fauvarque-Cosson and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Association Henri Capitant des Amis de la Culture Juridique Française and the Société de législation comparée joined the academic network on European Contract Law in 2005 to work on the elaboration of a "common terminology" and on "guiding principles" as well as to propose a revised version of the Principles of European Contract Law (PECL). The results of this work were sent to the European Commission and have already been published in French. The English translation is now being published by sellier.elp. This work could contribute to the wider European project. The part on the guiding principles could be a component of the CFR, in the form of "black letter" model rules or recitals. The part on terminology is, in itself, useful for the elaboration of the final various linguistic versions of the CFR. It finds its place within the materials which will accompany the model rules. Last but by no means least, the revised version of the PECL should be considered by the European institutions as an alternative set of model rules on contract law.
Book Synopsis The Humanization of International Law by : Theodor Meron
Download or read book The Humanization of International Law written by Theodor Meron and published by Brill Nijhoff. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Humanization of International Law is a revised and expanded version of the General Course on Public International Law delivered by the author at the Hague Academy of International Law in 2003.
Book Synopsis Cosmic International Law by : Modesto Seara Vázquez
Download or read book Cosmic International Law written by Modesto Seara Vázquez and published by Detroit : Wayne State University Press. This book was released on 1965 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Logic in the Theory and Practice of Lawmaking by : Michał Araszkiewicz
Download or read book Logic in the Theory and Practice of Lawmaking written by Michał Araszkiewicz and published by Springer. This book was released on 2015-10-05 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Download or read book Dealmaking written by Richard Razgaitis and published by John Wiley & Sons. This book was released on 2004-04-16 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Applying practical tools to the volatile process of negotiating Prognosticators apply Monte Carlo Analysis (MCA) to determine the likelihood and significance of a complete range of future outcomes; Real Options Analysis (ROA) can then be employed to develop pricing structures, or options, for such outcomes. Richard Razgaitis' Dealmaking shows readers how to apply these powerful valuation tools to a variety of business processes, such as pricing, negotiating, or living with a "deal," be it a technology license, and R&D partnership, or an outright sales agreement. Dealmaking distinguishes itself from other negotiating guides not only by treating negotiations as an increasingly common situation, but also by presenting a tool-based approach that creates flexible, practical valuation models. This forward-thinking guide includes a variety of checklists, case studies, and a CD-ROM with the appropriate software. Richard Razgaitis (Bloomsbury, NJ) is a Managing Director at InteCap, Inc. He has over twenty-five years of experience working with the development, commercialization, and strategic management of technology, seventeen of which have been spent in the commercialization of intellectual property.
Download or read book Affaires Du Vénézuela written by France and published by . This book was released on 1903 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis European Constitutionalism by : Kaarlo Tuori
Download or read book European Constitutionalism written by Kaarlo Tuori and published by Cambridge University Press. This book was released on 2015-07-16 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a new understanding of the European constitution as a multidimensional process of constitutionalization, constantly interacting with Member State constitutions.
Book Synopsis History of Architectural Conservation by : Jukka Jokilehto
Download or read book History of Architectural Conservation written by Jukka Jokilehto and published by Routledge. This book was released on 2007-06-07 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: A History of Architectural Conservation expands knowledge about the conservation of ancient monuments, works of art and historic buildings. It includes the origins of the interest in conservation within the European context, and the development of the concepts from Antiquity and the Renaissance to the present day. Jokilehto illustrates how this development has influenced international collaboration in the protection and conservation of cultural heritage, and how it has formed the principal concepts and approach to conservation and restoration in today's multi-cultural society. This book is based on archival research of original documents and the study of key restoration examples in countries that have influenced the international conservation movement. Accessible and of great interest to students and the general public it includes conservation trends in Europe, the USA, India, Iran and Japan.
