Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings

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Publisher : Springer Nature
ISBN 13 : 3030670007
Total Pages : 458 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings by : Dobrochna Bach-Golecka

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.

Uncertain Causation in Medical Liability

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731273X
Total Pages : 304 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Uncertain Causation in Medical Liability by : Lara Khoury

Download or read book Uncertain Causation in Medical Liability written by Lara Khoury and published by Bloomsbury Publishing. This book was released on 2006-07-18 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: '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.

Canadian Hospital Law

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Publisher :
ISBN 13 :
Total Pages : 172 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Canadian Hospital Law by : Lorne Elkin Rozovsky

Download or read book Canadian Hospital Law written by Lorne Elkin Rozovsky and published by . This book was released on 1979 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Law in France

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500344
Total Pages : 138 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Medical Law in France by : Anne-Marie Duguet

Download or read book Medical Law in France written by Anne-Marie Duguet and published by Kluwer Law International B.V.. This book was released on 2018-05-15 with total page 138 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 France. 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 France will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.

Revue de Droit de McGill

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Publisher :
ISBN 13 :
Total Pages : 1018 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Revue de Droit de McGill by :

Download or read book Revue de Droit de McGill written by and published by . This book was released on 1986 with total page 1018 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tort Law in Quebec

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508426
Total Pages : 142 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in Quebec by : Jean-Louis Baudouin

Download or read book Tort Law in Quebec written by Jean-Louis Baudouin and published by Kluwer Law International B.V.. This book was released on 2018-12-14 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Quebec. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person's most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in Quebec. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.

Medical Malpractice Legislation

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Publisher : Taylor & Francis
ISBN 13 : 1040096980
Total Pages : 85 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Medical Malpractice Legislation by : Carlo Maria Masieri

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.

Current List of Medical Literature

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Author :
Publisher :
ISBN 13 :
Total Pages : 904 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Current List of Medical Literature by :

Download or read book Current List of Medical Literature written by and published by . This book was released on 1951 with total page 904 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.

La revue du Barreau

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Publisher :
ISBN 13 :
Total Pages : 990 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis La revue du Barreau by :

Download or read book La revue du Barreau written by and published by . This book was released on 1984 with total page 990 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Responsibility in Western Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 3642704492
Total Pages : 850 pages
Book Rating : 4.6/5 (427 download)

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Book Synopsis Medical Responsibility in Western Europe by : Erwin Deutsch

Download or read book Medical Responsibility in Western Europe written by Erwin Deutsch and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions by numerous experts

Routledge Handbook of Medical Law and Ethics

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Publisher : Routledge
ISBN 13 : 1134448724
Total Pages : 607 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis Routledge Handbook of Medical Law and Ethics by : Yann Joly

Download or read book Routledge Handbook of Medical Law and Ethics written by Yann Joly and published by Routledge. This book was released on 2014-09-19 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the scope, application and role of medical law, regulatory norms and ethics, and addresses key challenges introduced by contemporary advances in biomedical research and healthcare. While mindful of national developments, the handbook supports a global perspective in its approach to medical law. Contributors include leading scholars in both medical law and ethics, who have developed specially commissioned pieces in order to present a critical overview and analysis of the current state of medical law and ethics. Each chapter offers comprehensive coverage of longstanding and traditional topics in medical law and ethics, and provides dynamic insights into contemporary and emerging issues in this heavily debated field. Topics covered include: Bioethics, health and human rights Medical liability Law and emerging health technologies Public health law Personalized medicine The law and ethics of access to medicines in developing countries Medical research in the genome era Emerging legal and ethical issues in reproductive technologies This advanced level reference work will prove invaluable to legal practitioners, scholars, students and researchers in the disciplines of law, medicine, genetics, dentistry, theology, and medical ethics.

The Civil Law System of the Province of Quebec

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Publisher :
ISBN 13 :
Total Pages : 658 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Civil Law System of the Province of Quebec by : Jean Gabriel Castel

Download or read book The Civil Law System of the Province of Quebec written by Jean Gabriel Castel and published by . This book was released on 1962 with total page 658 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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Author :
Publisher : Odile Jacob
ISBN 13 : 2738185800
Total Pages : 194 pages
Book Rating : 4.7/5 (381 download)

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Book Synopsis by :

Download or read book written by and published by Odile Jacob. This book was released on with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Medical Malpractice Law

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Publisher : BRILL
ISBN 13 : 9783166453224
Total Pages : 1000 pages
Book Rating : 4.4/5 (532 download)

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Book Synopsis International Medical Malpractice Law by : Dieter Giesen

Download or read book International Medical Malpractice Law written by Dieter Giesen and published by BRILL. This book was released on 1988-01-01 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Christian Thought in the Twenty-First Century

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Publisher : Wipf and Stock Publishers
ISBN 13 : 1610975758
Total Pages : 233 pages
Book Rating : 4.6/5 (19 download)

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Book Synopsis Christian Thought in the Twenty-First Century by : Douglas H. Shantz

Download or read book Christian Thought in the Twenty-First Century written by Douglas H. Shantz and published by Wipf and Stock Publishers. This book was released on 2012-04-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume some of the outstanding Christian scholars of our day reflect on how their minds have changed, how their academic fields have changed over the course of their careers, and the pressing issues that Christian scholars will need to address in the twenty-first century. This volume offers an accessible portrait of key trends in the world of Christian scholarship today. Christian Thought in the Twenty-First Century features scholars from Great Britain, Canada, the United States, and Switzerland. The contributors represent a wide variety of academic backgrounds--from biblical studies to theology, to religious studies, to history, English literature, philosophy, law, and ethics. This book offers a personal glimpse of Christian scholars in a self-reflective mode, capturing their honest reflections on the changing state of the academy and on changes in their own minds and outlooks. The breadth and depth of insight afforded by these contributions provide rich soil for a reader's own reflections, and an agenda that will occupy Christian thinkers well into the twenty-first century. Content and Contributors: Historical Perspectives on the Christian Tradition 1. Jesus and The Gospels, by Craig A. Evans 2. The Dwarfs are for the Dwarfs: Medieval Church History Today, by Dennis D. Martin 3. Reflections on Medieval English Literature, by Denis Renevey 4. Reflections of an Historian of Early Modern German Protestantism, by Douglas H. Shantz 5. Making Historical Theology, by Margaret R. Miles 6. Eastern Orthodoxy in the Twenty-First Century, by James R. Payton Jr. 7. Religion's Return, by Lamin Sanneh Philosophical and Theological Issues 8. The Christian Philosopher Today, by Terrence Penelhum 9. Christian Thought: An Agenda for the Future, by Clark H. Pinnock 10. Process Theology in Process, John B. Cobb Jr. 11. Christian Theology in a post-Christendom World, by Douglas John Hall Encounters with Religious Pluralism and the new Science 12. A New Way of Being Christian, by Paul F. Knitter 13. Comparative Theology, Keith Ward 14. Science and Religion in the Twenty-First Century, by John Polkinghorne 15. Bioethics: A Forum for Finding Shared Values in a Twenty-First Century Society, by Margaret Somerville The Academy and the City 16. "But have you kept the faith of your Ancestors?" Musings on the writing and teaching of the history of Christianity in a Secular Canada, by Marguerite Van Die 17. The Spiritual Quest, Christian Thought, and the Academy: Challenges, Commitments, and Considerations, by Charles Nienkirchen 18. Ecstatic Nerve: Fiction, Historical Narrative, and Christian theology in an Academic Setting, by Peter C. Erb 19. Athens and Jerusalem: Facing Both Ways in Calgary, by Alan P. F. Sell 20. The City and the Church, by Wesley A. Kort Approaches to English Literature and Film 21. Reflections on Literary Theory and Criticism, by Susan Felch 22. A Time of Promise and Responsibility: Teaching English Literature in the Christian Academy, by Arlette Zinck 23. Thomas Merton: Retrospect and Prospect, by Bonnie Thurston 24. Thomas Merton's Divinations for a Twenty-First Century Christian Reader, by Lynn Szabo 25. Christianity and the Cinema: An Interreligious Conversation, by Anne Moore Index

Annual Report - McGill University

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Author :
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Annual Report - McGill University by : McGill University

Download or read book Annual Report - McGill University written by McGill University and published by . This book was released on 1960 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Bulletins Et Mémoires de la Société Médicale Des Hôpitaux de Paris

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Publisher :
ISBN 13 :
Total Pages : 524 pages
Book Rating : 4.:/5 (318 download)

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Download or read book Bulletins Et Mémoires de la Société Médicale Des Hôpitaux de Paris written by and published by . This book was released on 1878 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: