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.

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.

The Development of Medical Liability

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Publisher : Cambridge University Press
ISBN 13 : 1107475821
Total Pages : 235 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis The Development of Medical Liability by : Ewoud Hondius

Download or read book The Development of Medical Liability written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2014-07-31 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.

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Author :
Publisher : Odile Jacob
ISBN 13 : 2738173012
Total Pages : 303 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 303 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tort Law and Economics

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848447302
Total Pages : 565 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Tort Law and Economics by : Michael Faure

Download or read book Tort Law and Economics written by Michael Faure and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: The central goal of this book is to provide a state-of-the-art overview of the literature with respect to the economic analysis of tort law. It sure meets the challenge, offering with great expertise a comprehensive presentation of tort law in both economic and comparative perspectives. The clarity of the text, unusual in the law and economics literature, makes the book accessible to a broad readership of economists with a limited legal background and lawyers with limited economic skills. Olivier Moreteau, Louisiana State University, US Tort Law and Economics, ed. Michael Faure, provides a highly useful economic overview of the most important topics of tort law. The authors clearly show the main developments of the discussion, examining the results of recent studies and stating their own opinions. Detailed bibliographies are included. The volume has to be warmly recommended to friends and foes of economic analysis who are provided with a comprehensive update in this field while also indicating areas which critics have to focus on. Helmut Koziol, European Centre of Tort and Insurance Law, Austria This volume provides a state-of-the-art overview of the literature on the economic analysis of tort law. In sixteen chapters, the specialist authors guide the reader through the often vast literature in each domain providing a balanced and comprehensive summary. Particular attention is paid to the evolution of the field, further refinements to economic models and relevant conclusions and lessons for the policymaker. Tort Law and Economics is part of the Encyclopedia of Law and Economics, and enables readers, some not familiar with law and economics, to obtain an insight in the relevant economic literature concerning tort law and economics. This book will be of interest to lawyers and economists, practitioners and academics interested in accident law, tort law, insurance and regulation. It will also appeal to students in economic analysis of law and policymakers working on prevention of accidents, tort law or compensation of accident victims.

Blood Feuds : AIDS, Blood, and the Politics of Medical Disaster

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Publisher : Oxford University Press, USA
ISBN 13 : 0199759731
Total Pages : 391 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Blood Feuds : AIDS, Blood, and the Politics of Medical Disaster by : Eric Feldman Associate Director New York University's Institute for Law and Society

Download or read book Blood Feuds : AIDS, Blood, and the Politics of Medical Disaster written by Eric Feldman Associate Director New York University's Institute for Law and Society and published by Oxford University Press, USA. This book was released on 1999-03-05 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the mid-1980s public health officials in North America, Europe, Japan, and Australia discovered that almost half of the hemophiliac population, as well as tens of thousands of blood transfusion recipients, had been infected with HIV-tainted blood. This book provides a comparative perspective on the political, legal, and social struggles that emerged in response to the HIV contamination of the industrialized worlds blood supply. It describes how eight nations responded to the first signs that AIDS might be transmitted through blood, and how they falteringly arrived at and finally implemented measures to secure the blood supply. The authors detail the remarkable saga of the mobilization of hemophiliacs who challenged the state, the medical establishment, and even their own caregivers as they sought recompense and justice. In the end, the blood establishments in almost every advanced industrial nation were shaken. In Canada, the Red Cross was forced to withdraw from blood collection and distribution. In Japan, pharmaceutical firms that manufactured clotting factor agreed to massive compensation -- $500,000 per hemophiliac infected. In France, blood officials went to prison. Even in Denmark, where the number of infected hemophiliacs was relatively small, the struggle and litigation surrounding blood has resulted in the most protracted legal and administrative conflict in modern Danish history. Blood Feuds brings together chapters on the experiences of the United States, Japan, France, Canada, Germany, Denmark, Italy, and Australia with four comparative essays that shed light on the cultural, institutional, and economic dimensions of the HIV/blood disaster.

Edition XII Worldwide Directory of Postgraduate Studies in Arts, Humanities, and Social Sciences

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Author :
Publisher :
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Edition XII Worldwide Directory of Postgraduate Studies in Arts, Humanities, and Social Sciences by :

Download or read book Edition XII Worldwide Directory of Postgraduate Studies in Arts, Humanities, and Social Sciences written by and published by . This book was released on 1997 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulating Reproduction

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Publisher : Manchester University Press
ISBN 13 : 9780719056994
Total Pages : 292 pages
Book Rating : 4.0/5 (569 download)

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Book Synopsis Regulating Reproduction by : Melanie Latham

Download or read book Regulating Reproduction written by Melanie Latham and published by Manchester University Press. This book was released on 2002 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Regulating Reproduction" examines the genesis of reproductive rights in Britain and France over the course of the 20th Century. Melanie Latham concentrates on the role played by the various interest groups involved in the area of reproduction, namely medical professionals, religious groups, and feminists using the Policy Network Theory on interest group behavior. Latham combines legal analysis with political analysis and offers a cross-cultural perspective.

Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 36 Volume 36, 1993

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041101518
Total Pages : 1078 pages
Book Rating : 4.1/5 (15 download)

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Book Synopsis Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 36 Volume 36, 1993 by : Council of Europe/Conseil de L'Europe

Download or read book Yearbook of the European Convention on Human Rights/Annuaire de la convention europeenne des droits de l'homme , Volume 36 Volume 36, 1993 written by Council of Europe/Conseil de L'Europe and published by Martinus Nijhoff Publishers. This book was released on 1995-12-01 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume of the Yearbook of the European Convention on Human Rights, prepared by the Directorate of Human Rights of the Council of Europe relates to 1993. Its presentation follows that of the previous volume. Part one contains basic texts and information of a general nature; part two deals with the European Commission of Human Rights; part three with the European Court of Human Rights; part four with the Resolutions of the Committee of Ministers; and parts five and six with the other work of the Council of Europe in the field of human rights, the situation in the Member States, and developments within the European Communities. A Bibliography and Index are included. Ce volume de l'Annuaire de la Convention européenne des Droits de l'Homme, préparé par la Direction des Droits de l'Homme du Conseil de l'Europe, concerne l'année 1993. La première partie contient des textes fondamentaux; la deuxième partie contient les rapports de la Commission européenne des Droits de l'Homme; la troisième partie donne des informations sur la Cour européenne des Droits de l'Homme; la quatrième partie contient des Résolutions du Comité des Ministres; et les cinquième et sixième parties regroupent toutes les autres activités concernant la Convention dans le cadre du Conseil de l'Europe et comprennent des informations sur les débats devant les parlements nationaux et sur les développements au sein des Communautés européennes concernant la protection des droits de l'homme. Le volume se termine avec une bibliographie et une index alphabétique.

Responsibility for Drug-induced Injury

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Publisher : IOS Press
ISBN 13 : 9789051993875
Total Pages : 584 pages
Book Rating : 4.9/5 (938 download)

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Book Synopsis Responsibility for Drug-induced Injury by : Graham Dukes

Download or read book Responsibility for Drug-induced Injury written by Graham Dukes and published by IOS Press. This book was released on 1998 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition reflects the evolution of legal standards, professional rules, industrial codes of ethics, and court experience in cases involving recompense for medical injury since the 1988 version. While deriving from legal standards of the US, British Commonwealth, European Union, and Nordic Council, a chapter is devoted to issues particular to developing countries. Following an introductory chapter on the emergence and recognition of problems relating to drug safety, 20 chapters cover such areas as: the legal framework (types of proceedings, evidence, and proof); the responsibility of everyone from the government and manufacturer to the prescriber and patient; clinical investigation of drugs; controlled drugs; self-medication; alternative and complementary medicine; and vaccines and biologicals. Includes a table of cases, and table of conventions, statutes, and regulations. Annotation copyrighted by Book News, Inc., Portland, OR

Edition XII Worldwide Directory of Postgraduate Studies in Arts, Humanities, and Social Sciences 1997/98

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Author :
Publisher :
ISBN 13 : 9781861490063
Total Pages : 536 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Edition XII Worldwide Directory of Postgraduate Studies in Arts, Humanities, and Social Sciences 1997/98 by :

Download or read book Edition XII Worldwide Directory of Postgraduate Studies in Arts, Humanities, and Social Sciences 1997/98 written by and published by . This book was released on 1996 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Good Faith in European Contract Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521771900
Total Pages : 762 pages
Book Rating : 4.7/5 (719 download)

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Book Synopsis Good Faith in European Contract Law by : Reinhard Zimmermann

Download or read book Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

The Responsibility to Protect

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Publisher : IDRC
ISBN 13 : 9780889369634
Total Pages : 432 pages
Book Rating : 4.3/5 (696 download)

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Book Synopsis The Responsibility to Protect by : International Commission on Intervention and State Sovereignty

Download or read book The Responsibility to Protect written by International Commission on Intervention and State Sovereignty and published by IDRC. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Aspects éthiques de la reproduction humaine

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Author :
Publisher : John Libbey Eurotext
ISBN 13 : 9782742000869
Total Pages : 412 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Aspects éthiques de la reproduction humaine by : Claude Sureau

Download or read book Aspects éthiques de la reproduction humaine written by Claude Sureau and published by John Libbey Eurotext. This book was released on 1995 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt:

National Library of Medicine Current Catalog

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Publisher :
ISBN 13 :
Total Pages : 1536 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis National Library of Medicine Current Catalog by : National Library of Medicine (U.S.)

Download or read book National Library of Medicine Current Catalog written by National Library of Medicine (U.S.) and published by . This book was released on 1993 with total page 1536 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Health in France 2002

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Author :
Publisher : John Libbey Eurotext
ISBN 13 : 9782742004669
Total Pages : 384 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis Health in France 2002 by : France. Haut Comité de la santé publique

Download or read book Health in France 2002 written by France. Haut Comité de la santé publique and published by John Libbey Eurotext. This book was released on 2003 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: How well are the French? What are the most important health-related issues for children of under 15 years of age, for young and older adults, for the elderly? What geographically and socially based inequalities affect health status? How can patients and users of the health care system -- members of the public -- be brought into the making of decisions that affect them in this literally vital field? Is our health care system well organised? And is it working in an efficient and democratic way? How are questions of resource allocation settled? This is the third in a series of official reports (the previous ones were published in 1994 and 1998) compiled by the High Committee on Public Health to analyse health status in the country, with an in-depth review of the strengths and weaknesses of the system as a whole. This report combines a critical analysis of the current health care system with a review of key current and projected health-related issues, focusing on public health targets identified from as broad and all-inclusive a perspective as possible.

Sexual Violence and Armed Conflict

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Publisher : John Wiley & Sons
ISBN 13 : 0745658350
Total Pages : 178 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Sexual Violence and Armed Conflict by : Janie L. Leatherman

Download or read book Sexual Violence and Armed Conflict written by Janie L. Leatherman and published by John Wiley & Sons. This book was released on 2013-04-26 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every year, hundreds of thousands of women become victims of sexual violence in conflict zones around the world; in the Democratic Republic of Congo alone, approximately 1,100 rapes are reported each month. This book offers a comprehensive analysis of the causes, consequences and responses to sexual violence in contemporary armed conflict. It explores the function and effect of wartime sexual violence and examines the conditions that make women and girls most vulnerable to these acts both before, during and after conflict. To understand the motivations of the men (and occasionally women) who perpetrate this violence, the book analyzes the role played by systemic and situational factors such as patriarchy and militarized masculinity. Difficult questions of accountability are tackled; in particular, the case of child soldiers, who often suffer a double victimization when forced to commit sexual atrocities. The book concludes by looking at strategies of prevention and protection as well as new programs being set up on the ground to support the rehabilitation of survivors and their communities. Sexual violence in war has long been a taboo subject but, as this book shows, new and courageous steps are at last being taken Ð at both local and international level - to end what has been called the “greatest silence in history”.