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Lexpertise Dans Le Contentieux De La Responsabilite Medicale
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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.
Book Synopsis Human rights and criminal procedure by : Jeremy McBride
Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Book Synopsis 11o Congreso Internacional: Tema I (2 v.) by :
Download or read book 11o Congreso Internacional: Tema I (2 v.) written by and published by . This book was released on 1988 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Labour Rights as Human Rights by : Philip Alston
Download or read book Labour Rights as Human Rights written by Philip Alston and published by Oxford University Press, USA. This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labor rights be implemented in a world in which national labor law is more and more at the mercy of international forces beyond its control? The contributors to this volume argue that international agreements and institutions are of central importance if labor rights are to be protected in a globalized economy, exploring some of the options that are open to governments, civil society, and the labor movement in the years ahead.
Book Synopsis The African Charter on the Rights and Welfare of the Child by : Thoko Kaime
Download or read book The African Charter on the Rights and Welfare of the Child written by Thoko Kaime and published by PULP. This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.
Book Synopsis The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision by : Başak Başoğlu
Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
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 Laws of Men and Laws of Nature by : Tal GOLAN
Download or read book Laws of Men and Laws of Nature written by Tal GOLAN and published by Harvard University Press. This book was released on 2009-06-30 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tal Golan charts the use of expert testimony in British and American courtrooms from the 18th century to the present day. He assesses the standing of the expert witness, which has in recent years declined amid courtroom drama and media jeering.
Download or read book Access to Justice written by Ellie Palmer and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
Book Synopsis L'expertise médicale by : Jacques Hureau
Download or read book L'expertise médicale written by Jacques Hureau and published by Elsevier Masson. This book was released on 2011-05-25 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cet ouvrage, devenu indispensable, apporte des éclaircissements à la fois sur le comportement de l'expert lors de sa mission et sur la responsabilité du médecin en général. En effet, les progrès de la technique et des affaires récentes ont fait évoluer le concept de responsabilité contractuelle en médecine en introduisant la présomption de faute et une part d'obligation de résultats dans les obligations nées du contrat médical alors qu'il n'y avait auparavant qu'une obligation de moyen. Cette évolution jurisprudentielle du droit médical a eu pour conséquence de rendre plus nombreux et plus complexes les recours à l'expertise médicale. Une première partie précise les principes de bases, les parties intervenantes, les missions de l'expert, les contraintes du secret médical, les différentes modalités expertales, l'organisation et le rôle des associations d'experts près les tribunaux. La deuxième partie traite des aspects particuliers de l'expertise en responsabilité médicale. La troisième partie développe l'expertise en réparation du dommage corporel pour les séquelles orthopédiques et traumatologiques en accidentologie ou en préjudices séquellaires iatrogènes. Voulue comme un ouvrage de référence, qualifiée de « quasi-encyclopédie », cette troisième édition, entièrement remise à jour, est riche de nombreux renvois bibliographiques et d'une indexation aussi complète et récente que possible des lois, règlements et jurisprudences analysés dans les différents chapitres. Rédigé par des médecins experts, des magistrats et des avocats, cet ouvrage s'adresse à l'ensemble des professionnels des domaines médical, juridique ou d'assurance, confrontés à l'expertise médicale. Les éclaircissements indispensables à la fois sur le comportement de l'expert lors de sa mission et sur la responsabilité du médecin en général - Un ouvrage entièrement mis à jour pour suivre au plus près l'évolution de la médecine et du droit médical en matière réglementaire et jurisprudentielle - De nombreux renvois bibliographiques - Une indexation aussi complète et récente que possible des lois, règlements et jurisprudences analysés dans les différents chapitres -
Book Synopsis Personality and Dangerousness by : David McCallum
Download or read book Personality and Dangerousness written by David McCallum and published by Cambridge University Press. This book was released on 2001-09-06 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tracing the history of the category of antisocial personality disorder, this study reveals its emergence is linked to particular kinds of governing, rather than simply to advances in the human sciences or a means of social control. David McCallum examines key legal and institutional developments in Australia, the U.K, and the U.S. as well as parallel developments within psychiatry and psychological medicine. Applying a social theoretical analysis to this material, he challenges our assumptions about the formation and control concepts of dangerousness and personality.
Book Synopsis New Rules for Victims of Armed Conflicts by : Michael Bothe
Download or read book New Rules for Victims of Armed Conflicts written by Michael Bothe and published by Martinus Nijhoff Publishers. This book was released on 1982-04-30 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international & non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict & the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary & conventional rules that give effect to this principle, in both international & non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.
Book Synopsis Children on the Move by : Mike Dottridge
Download or read book Children on the Move written by Mike Dottridge and published by UN. This book was released on 2013 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of children are on the move, both within and between countries, with or without their parents. The conditions under which movement takes place are often treacherous, putting migrant children, especially unaccompanied and separated children, at an increased risk of economic or sexual exploitation, abuse, neglect and violence. Policy responses to protect and support these migrant children are often fragmented and inconsistent and while children on the move have become a recognised part of today's global and mixed migration flows they are still largely invisible in debates on both child protection and migration.
Book Synopsis The United Nations and Human Rights by : Philip Alston
Download or read book The United Nations and Human Rights written by Philip Alston and published by OUP Oxford. This book was released on 2013-12 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the UN's contribution to international human rights, and the desire to ensure that governments are held accountable for their treatment of citizens and others. This book offers a comprehensive and expert analysis and critique of UN instruments and organs, and of the new UN Human Rights Council.
Download or read book Cyberdanger written by Eddy Willems and published by Springer. This book was released on 2019-05-07 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the key cybercrime threats facing individuals, businesses, and organizations in our online world. The author first explains malware and its origins; he describes the extensive underground economy and the various attacks that cybercriminals have developed, including malware, spam, and hacking; he offers constructive advice on countermeasures for individuals and organizations; and he discusses the related topics of cyberespionage, cyberwarfare, hacktivism, and anti-malware organizations, and appropriate roles for the state and the media. The author has worked in the security industry for decades, and he brings a wealth of experience and expertise. In particular he offers insights about the human factor, the people involved on both sides and their styles and motivations. He writes in an accessible, often humorous way about real-world cases in industry, and his collaborations with police and government agencies worldwide, and the text features interviews with leading industry experts. The book is important reading for all professionals engaged with securing information, people, and enterprises. It’s also a valuable introduction for the general reader who wants to learn about cybersecurity.
Book Synopsis Perspectives of Law and Culture on the End-of-life Legislations in France, Germany, India, Italy and United Kingdom by : Stéphanie Rohlfing-Dijoux
Download or read book Perspectives of Law and Culture on the End-of-life Legislations in France, Germany, India, Italy and United Kingdom written by Stéphanie Rohlfing-Dijoux and published by Nomos Verlagsgesellschaft. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "The interactions between law and culture in addressing the legal problems at the end of a life are currently being discussed in many countries. The discourse on this issue should be multidisciplinary, taking into account its legal, medical, ethical, philosophical and anthropological aspects. The concepts designed to manage the legal problems that occur when a life comes to an end are closely linked to the culture of each country. For this reason, countries with different cultural backgrounds have been selected for this comparative end-of-life study. In France, Germany and Italy, which have a continental legal system, the United Kingdom, which has a common law system, and India, the various religions and cultures exert an important influence on the modernisation of the legislation in this respect. The book deals with recent legislative changes and developments in the countries surveyed."
Book Synopsis Rethinking Expertise by : Harry Collins
Download or read book Rethinking Expertise written by Harry Collins and published by University of Chicago Press. This book was released on 2008-09-15 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: What does it mean to be an expert? In Rethinking Expertise, Harry Collins and Robert Evans offer a radical new perspective on the role of expertise in the practice of science and the public evaluation of technology. Collins and Evans present a Periodic Table of Expertises based on the idea of tacit knowledge—knowledge that we have but cannot explain. They then look at how some expertises are used to judge others, how laypeople judge between experts, and how credentials are used to evaluate them. Throughout, Collins and Evans ask an important question: how can the public make use of science and technology before there is consensus in the scientific community? This book has wide implications for public policy and for those who seek to understand science and benefit from it. “Starts to lay the groundwork for solving a critical problem—how to restore the force of technical scientific information in public controversies, without importing disguised political agendas.”—Nature “A rich and detailed ‘periodic table’ of expertise . . . full of case studies, anecdotes and intriguing experiments.”—Times Higher Education Supplement (UK)
