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Author : Mario Berruti
Publisher : Lulu.com
ISBN 13 : 1291459502
Total Pages : 167 pages
Book Rating : 4.2/5 (914 download)
Download or read book La responsabilita? medicaA5 written by Mario Berruti and published by Lulu.com. This book was released on 2013-06-18 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Un libro sulla responsabilità del medico dal punto di vista penale e civile.
Author : Carlo Maria Masieri
Publisher : Taylor & Francis
ISBN 13 : 1040096980
Total Pages : 85 pages
Book Rating : 4.0/5 (4 download)
Download or read book Medical Malpractice Legislation written by Carlo Maria Masieri and published by Taylor & Francis. This book was released on 2024-05-08 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ken Oliphant
Publisher : Walter de Gruyter
ISBN 13 : 3110270234
Total Pages : 592 pages
Book Rating : 4.1/5 (12 download)
Download or read book Medical Malpractice and Compensation in Global Perspective written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2013-10-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Balloni, Augusto
Publisher : IGI Global
ISBN 13 : 179981288X
Total Pages : 553 pages
Book Rating : 4.7/5 (998 download)
Download or read book Handbook of Research on Trends and Issues in Crime Prevention, Rehabilitation, and Victim Support written by Balloni, Augusto and published by IGI Global. This book was released on 2019-12-27 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: A complex and vulnerable contemporary society continually poses new challenges in terms of social conflict, and as crime advances, so must strategies for prevention and rehabilitation. Many facets of crime prevention and rehabilitation of offenders are public activities closely linked to other aspects of the political and social life of a region. The Handbook of Research on Trends and Issues in Crime Prevention, Rehabilitation, and Victim Support is a scholarly publication that examines existing knowledge on crime dynamics and the implementation of crime victims’ rights. Highlighting a wide array of topics such as cyberbullying, predatory crimes, and psychological violence, this book is ideal for criminologists, forensic psychologists, psychiatrists, victim advocates, law enforcement, criminal profilers, crime analysts, therapists, rehabilitation specialists, psychologists, correctional facilities, wardens, government officials, policymakers, academicians, researchers, and students.
Author : Giovanni Comandé
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403521422
Total Pages : 461 pages
Book Rating : 4.4/5 (35 download)
Download or read book Medical Law in Italy written by Giovanni Comandé and published by Kluwer Law International B.V.. This book was released on 2020-05-21 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Italy. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Italy will welcome this very useful guide, and academics and researchers will appreciate its comparative value asa contribution to the study of medical law in the international context.
Author : Francesca Pellegrino
Publisher : Springer Nature
ISBN 13 : 303023178X
Total Pages : 152 pages
Book Rating : 4.0/5 (32 download)
Download or read book The Just Culture Principles in Aviation Law written by Francesca Pellegrino and published by Springer Nature. This book was released on 2019-09-09 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews and critically analyzes the current legal framework with regard to a more just culture for the aviation sector. This new culture is intended to protect front-line operators, in particular controllers and pilots, from legal action (except in the case of willful misconduct or gross negligence) by creating suitable laws, regulations and standards. In this regard, it is essential to have an environment in which all incidents are reported, moving away from fears of criminalization. The approach taken until now has been to seek out human errors and identify the individuals responsible. This punitive approach does not solve the problem because frequently the system itself is (also) at fault. Introducing the framework of a just culture could ensure balanced accountability for both individuals and complex organizations responsible for improving safety. Both aviation safety and justice administration would benefit from this carefully established equilibrium.
Author :
Publisher :
ISBN 13 :
Total Pages : 1150 pages
Book Rating : 4.E/5 ( download)
Download or read book Index Medicus. Second Series written by and published by . This book was released on 1917 with total page 1150 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Santo Davide Ferrara
Publisher : Springer Science & Business Media
ISBN 13 : 3642358314
Total Pages : 374 pages
Book Rating : 4.6/5 (423 download)
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.
Author : Dobrochna Bach-Golecka
Publisher : Springer Nature
ISBN 13 : 3030670007
Total Pages : 458 pages
Book Rating : 4.0/5 (36 download)
Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Author : Christian von Bar
Publisher : Walter de Gruyter
ISBN 13 : 386653731X
Total Pages : 574 pages
Book Rating : 4.8/5 (665 download)
Download or read book The Interaction of Contract Law and Tort and Property Law in Europe written by Christian von Bar and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market.
Author : Rebecca Spitzmiller
Publisher : © Editrice il Sirente
ISBN 13 : 8887847371
Total Pages : 242 pages
Book Rating : 4.8/5 (878 download)
Download or read book Selected Areas of Italian Tort Law written by Rebecca Spitzmiller and published by © Editrice il Sirente. This book was released on 2011 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108304877
Total Pages : 785 pages
Book Rating : 4.1/5 (83 download)
Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a comprehensive analysis of sixteen European legal systems, based on an assessment of national answers to a factual questionnaire, Causation in European Tort Law sheds light on the operative rules applied in each jurisdiction to factual and legal causation problems. It highlights how legal systems' features impact on the practical role that causation is called upon to play, as well as the arguments of professional lawyers. Issues covered include the conditions under which a causal link can be established, rules on contribution and apportionment, the treatment of supervening, alternative and uncertain causes, the understanding of loss-of-a-chance cases, and the standard and the burden of proving causation. This is a book for scholars, students and legal professionals alike.
Author :
Publisher :
ISBN 13 :
Total Pages : 992 pages
Book Rating : 4.3/5 (91 download)
Download or read book Index Medicus written by and published by . This book was released on 1897 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Associazione italiana di diritto comparato
Publisher : Giuffre
ISBN 13 :
Total Pages : 672 pages
Book Rating : 4.F/5 ( download)
Download or read book Associazione Italiana Di Diritto Comparato written by Associazione italiana di diritto comparato and published by Giuffre. This book was released on 1990 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Marco Cappelletti
Publisher : Oxford University Press
ISBN 13 : 0192676075
Total Pages : 385 pages
Book Rating : 4.1/5 (926 download)
Download or read book Justifying Strict Liability written by Marco Cappelletti and published by Oxford University Press. This book was released on 2022-05-23 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imposition of strict liability in tort law is controversial, and its theoretical foundations are the object of vigorous debate. Why do or should we impose strict liability on employers for the torts committed by their employees, or on a person for the harm caused by their children, animals, activities, or things? In responding to this type of questions, legal actors rely on a wide variety of justifications. Justifying Strict Liability explores, in a comparative perspective, the most significant arguments that are put forward to justify the imposition of strict liability in four legal systems, two common law, England and the United States, and two civil law, France and Italy. These justifications include: risk, accident avoidance, the 'deep pockets' argument, loss-spreading, victim protection, reduction in administrative costs, and individual responsibility. By looking at how these arguments are used across the four legal systems, this book considers a variety of patterns which characterise the reasoning on strict liability. The book also assesses the justificatory weight of the arguments, showing that these can assume varying significance in the four jurisdictions and that such variations reflect different views as to the values and goals which inspire strict liability and tort law more generally. Overall, the book seeks to improve our understanding of strict liability, to shed light on the justifications for its imposition, and to enhance our understanding of the different tort cultures featuring in the four legal systems studied.
Author :
Publisher :
ISBN 13 :
Total Pages : 1036 pages
Book Rating : 4.:/5 (319 download)
Download or read book Current List of Medical Literature written by and published by . This book was released on 1957 with total page 1036 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes section, "Recent book acquisitions" (varies: Recent United States publications) formerly published separately by the U.S. Army Medical Library.
Author : Benedict Winiger
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 311053567X
Total Pages : 1316 pages
Book Rating : 4.1/5 (15 download)
Download or read book Essential Cases on Misconduct written by Benedict Winiger and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-01-22 with total page 1316 pages. Available in PDF, EPUB and Kindle. Book excerpt: The various national European legal systems offer a broad range of responses to the question of what can be regarded as wrongful behaviour or fault. The present work systematically examines these two important prerequisites for tortious liability under the combined heading of ‘misconduct’. Unlike current textbooks, national casebooks and monographs, it builds on the experiences gathered in the national legal systems over the past decades and thereby fills a major gap which still exists today. It thus does what the previous volumes in the ‘Digest of European Tort Law’ series did for other key elements of tort law, namely natural causation and damage. Once again, the publication contains a selection of the most important cases from 28 states across Europe as well as cases handed down by European Union courts; it also highlights cases from earlier periods of legal history. For each case, the facts and the relevant court decision are presented and these are then accompanied by an analytical commentary. In addition, the editors provide comparative analyses of the cases reported and a special report is dedicated to how key decisions would be resolved under model European rules on tort law. The editors believe that the material gathered here may provide guidance for an organic convergence of the national legal systems in Europe. It constitutes the basis of an acquis commun that is infinitely richer (though also much more complex) than the rather bland and abstract concepts contained in national codifications, European legislation and modern model rules.
