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Loss Of Chance In Medical Negligence
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Book Synopsis The Application of the Doctrine of a Loss of a Chance to Recover in Medical Law by : Pat Van den Heever
Download or read book The Application of the Doctrine of a Loss of a Chance to Recover in Medical Law written by Pat Van den Heever and published by PULP. This book was released on 2007 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication In this book, Pat van den Heever assesses the application of the doctrine of a loss of a chance in medical negligence cases in South Africa. He emphasises the difficulties often encountered by courts when adjudicating on causation in medical negligence cases in the face of multiple causation theories. On the basis of a thorough review of the position regarding the doctrine of a loss of a chance in The United States of America, Australia and Britain, he proposes for South Africa a de lege ferenda loss of chance model for application in medical negligence matters. As the first ever major work dealing with the application of the doctrine of a loss of a chance in medical negligence matters in South Africa, this book is of interest to the courts and the legal profession generally, legal academics working in the field of medical law and the law of delict, health care providers, and members of the medical and allied professions, their councils, associations and protection societies. "This publication is the first authoritative and substantive research on the doctrine of a loss of a chance in the context of medical negligence in South African medical law ... Dr van den Heever's thorough and comprehensive comparative approach and discussion of the doctrine here, is commendable ... [T]his publication is indeed timely!" - Pieter Carstens, Professor of Medical Law, University of Pretoria.
Book Synopsis Loss of Chance in Medical Negligence by : Herbert Dr Hooi
Download or read book Loss of Chance in Medical Negligence written by Herbert Dr Hooi and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis "Loss of a Chance" for Survival as a Cause of Action for Medical Malpractice by : Patrick O. Cavanaugh
Download or read book "Loss of a Chance" for Survival as a Cause of Action for Medical Malpractice written by Patrick O. Cavanaugh and published by . This book was released on 1985 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Negligence during the COVID-19 Pandemic Outbreak is a Paramount Dispute of Healthcare System by : Nasima Talukder Monmoon
Download or read book Medical Negligence during the COVID-19 Pandemic Outbreak is a Paramount Dispute of Healthcare System written by Nasima Talukder Monmoon and published by GRIN Verlag. This book was released on 2020-10-06 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2020 in the subject Law - Miscellaneous, grade: A +, , language: English, abstract: The contemporary COVID-19 pandemic brings life and death exceedingly closer. The precariousness of carrying contamination of coronavirus and survive is still an exposure of jeopardy due to delay of trial of vaccine. Every life is most precious and not a single life could drop out for medical negligence. Each of the death caused due to medical malpractice must be trialled under the existing legislation although the pandemic situation demands for legislative reform. Any unnatural death due to medical malpractice should keep apart from trial and it is the parameter of human rights standard of a society. The UK doctors are pleading for indemnity for the medical malpractices occurred during the pandemic, the doctors of Bangladesh has no headache in this regards due to weakness of legal framework. Finding explored that the trend of ignoring the medical malpractice cases by the regularity bodies of medical professionals and absence of scope for lower judiciary to handle medical negligence cases have generated severe threats of violence on medical professionals and feeble death of doctor by the disappointed patient parties. Grounded with a qualitative research method, this study focused a new array of recommendation that enrich the law legends with action plan to reform legal framework and incorporate new tort liability into practice.
Book Synopsis Holland-Frei Cancer Medicine by : Robert C. Bast, Jr.
Download or read book Holland-Frei Cancer Medicine written by Robert C. Bast, Jr. and published by John Wiley & Sons. This book was released on 2017-03-10 with total page 2004 pages. Available in PDF, EPUB and Kindle. Book excerpt: Holland-Frei Cancer Medicine, Ninth Edition, offers a balanced view of the most current knowledge of cancer science and clinical oncology practice. This all-new edition is the consummate reference source for medical oncologists, radiation oncologists, internists, surgical oncologists, and others who treat cancer patients. A translational perspective throughout, integrating cancer biology with cancer management providing an in depth understanding of the disease An emphasis on multidisciplinary, research-driven patient care to improve outcomes and optimal use of all appropriate therapies Cutting-edge coverage of personalized cancer care, including molecular diagnostics and therapeutics Concise, readable, clinically relevant text with algorithms, guidelines and insight into the use of both conventional and novel drugs Includes free access to the Wiley Digital Edition providing search across the book, the full reference list with web links, illustrations and photographs, and post-publication updates
Book Synopsis Causation and Loss of a Chance in Medical Negligence by : Eun Kyung Park
Download or read book Causation and Loss of a Chance in Medical Negligence written by Eun Kyung Park and published by . This book was released on 2007 with total page 41 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Causation in Law and Medicine by : Danuta Mendelson
Download or read book Causation in Law and Medicine written by Danuta Mendelson and published by Routledge. This book was released on 2017-03-02 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
Book Synopsis An Uncertain Chance by : Naomi Carde
Download or read book An Uncertain Chance written by Naomi Carde and published by . This book was released on 2002 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Tort Liability Under Uncertainty by : Ariel Porat
Download or read book Tort Liability Under Uncertainty written by Ariel Porat and published by Oxford University Press, USA. This book was released on 2001 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Book Synopsis A Practical Guide to Medical Negligence Litigation by : Michael Boylan
Download or read book A Practical Guide to Medical Negligence Litigation written by Michael Boylan and published by Bloomsbury Publishing. This book was released on 2016-01-01 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical Negligence: A Practitioner's Handbook covers the lifetime of a High Court medical negligence action from first contact with a client through to plenary hearing, settlement and mediation including inquests. This practical guide to procedural steps that must be taken cites all relevant case law and statutes including the Rules of the Superior Courts, the Civil Liability and Courts Acts 2004, the various statutory instruments and Coroners Act. [Subject: Criminal Law, Medical Negligence Law]
Book Synopsis Loss of Chance by : Matthew Calloway Walker
Download or read book Loss of Chance written by Matthew Calloway Walker and published by . This book was released on 2023-07-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the work of a masterful scholar and writer, who has a deep appreciation for law and medicine, and the core-competencies to back it up. By far, Matthew's account provides a detailed innovative approach that could have a revolutionary impact on the way the judicial system tackles medical malpractice and the loss of chance doctrine." -- Dr. Stephen Glazer, MD FRCPC FCCP. With every diagnosis given and every treatment prescribed, patients find themselves confined to operate on a metaphorical chess-board encumbered by statistics. There is virtually no liberation. "How long do I have?" "Is it fatal?" "What are my options?" "What is my chance of survival?" These are the quintessential queries which preoccupy and burden the mind. For any given patient, diagnosis and prognosis offer insight and to some extent clarity. Unfortunately, this reality is oftnever realized when patients are subjected to negligent misdiagnosis. Under the shroud of wrongful error, the patient loses a statistical advantage pertaining to their survival or recovery. Consideration of this loss of chance as compensable at lawhas sparked prodigious debate amongst legal scholars and judicial decision makers spanning the globe. However, as medical malpractice actions in some countries have seen a decline in patient claim success over the past 40 years, many have argued a new judicial approach is needed. One approach offered is to utilize the loss of chance doctrine. What is it? How does it work? What is the Walker Approach? These answers and more await you inside this book.
Book Synopsis The Law of Medical Negligence in England and Germany by : Marc Stauch
Download or read book The Law of Medical Negligence in England and Germany written by Marc Stauch and published by Bloomsbury Publishing. This book was released on 2008-08-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way. The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that the respective treatments in each country of a given matter, eg the standard of care owed by medical practitioners, are discussed side-by-side. The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other. What is of particular interest is how, notwithstanding their common starting point in terms of the application of the fault-principle under private law, the detailed rules in the two countries differ markedly. This is true both in the divergent way that claims are structured and argued, and also quite often as regards their substantive outcome. It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.
Book Synopsis Causation in European Tort Law by : Marta Infantino
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: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Book Synopsis The Case Against the Supreme Court by : Erwin Chemerinsky
Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309377722 Total Pages :473 pages Book Rating :4.3/5 (93 download)
Book Synopsis Improving Diagnosis in Health Care by : National Academies of Sciences, Engineering, and Medicine
Download or read book Improving Diagnosis in Health Care written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2015-12-29 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Getting the right diagnosis is a key aspect of health care - it provides an explanation of a patient's health problem and informs subsequent health care decisions. The diagnostic process is a complex, collaborative activity that involves clinical reasoning and information gathering to determine a patient's health problem. According to Improving Diagnosis in Health Care, diagnostic errors-inaccurate or delayed diagnoses-persist throughout all settings of care and continue to harm an unacceptable number of patients. It is likely that most people will experience at least one diagnostic error in their lifetime, sometimes with devastating consequences. Diagnostic errors may cause harm to patients by preventing or delaying appropriate treatment, providing unnecessary or harmful treatment, or resulting in psychological or financial repercussions. The committee concluded that improving the diagnostic process is not only possible, but also represents a moral, professional, and public health imperative. Improving Diagnosis in Health Care, a continuation of the landmark Institute of Medicine reports To Err Is Human (2000) and Crossing the Quality Chasm (2001), finds that diagnosis-and, in particular, the occurrence of diagnostic errorsâ€"has been largely unappreciated in efforts to improve the quality and safety of health care. Without a dedicated focus on improving diagnosis, diagnostic errors will likely worsen as the delivery of health care and the diagnostic process continue to increase in complexity. Just as the diagnostic process is a collaborative activity, improving diagnosis will require collaboration and a widespread commitment to change among health care professionals, health care organizations, patients and their families, researchers, and policy makers. The recommendations of Improving Diagnosis in Health Care contribute to the growing momentum for change in this crucial area of health care quality and safety.
Book Synopsis A Measure of Malpractice by : Paul C. Weiler
Download or read book A Measure of Malpractice written by Paul C. Weiler and published by Harvard University Press. This book was released on 1993 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
