Medical Accident Liability and Redress in English and French Law

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Author :
Publisher :
ISBN 13 : 9781107501126
Total Pages : 198 pages
Book Rating : 4.5/5 (11 download)

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Book Synopsis Medical Accident Liability and Redress in English and French Law by : Simon Taylor

Download or read book Medical Accident Liability and Redress in English and French Law written by Simon Taylor and published by . This book was released on 2015 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book Simon Taylor compares English and French law on medical accident liability and redress and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor-patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area.

Medical Accident Liability and Redress in English and French Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1316300935
Total Pages : 197 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Medical Accident Liability and Redress in English and French Law by : Simon Taylor

Download or read book Medical Accident Liability and Redress in English and French Law written by Simon Taylor and published by Cambridge University Press. This book was released on 2015-06-11 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book Simon Taylor compares English and French law on medical accident liability and redress and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor-patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area.

Tort Law in France

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Publisher : Kluwer Law International B.V.
ISBN 13 : 940353575X
Total Pages : 310 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Tort Law in France by : Jonas Knetsch

Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 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 France. 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. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. 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 France. 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.

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.

Criminalising Medical Malpractice

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Publisher : Routledge
ISBN 13 : 1351582305
Total Pages : 219 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Criminalising Medical Malpractice by : Mélinée Kazarian

Download or read book Criminalising Medical Malpractice written by Mélinée Kazarian and published by Routledge. This book was released on 2020-06-02 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.

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 Oxford Handbook of Comparative Health Law

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Publisher : Oxford University Press
ISBN 13 : 0190846755
Total Pages : 1135 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis The Oxford Handbook of Comparative Health Law by : David Orentlicher

Download or read book The Oxford Handbook of Comparative Health Law written by David Orentlicher and published by Oxford University Press. This book was released on 2021 with total page 1135 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract: The Oxford Handbook of Comparative Health Law addresses some of the most critical issues facing scholars, legislators, and judges. How, for example, can the law protect against threats to public health that can quickly cross national borders? How can it ensure access to affordable health care or regulate the pharmaceutical industry? Indeed, when matters of life and death literally hang in the balance, it is especially important for policymakers to get things right, and the making of policy can be greatly enhanced by learning from the successes and failures of approaches taken in other countries. Where there are "common challenges" in law and health, there is much to be gained from experiences elsewhere. Accordingly, this Handbook considers key health law questions from a comparative perspective. In health law, common challenges are frequent. In addition to those mentioned above, there are questions about addressing the social determinants of health (e.g., poverty and pollution), organizing health systems to optimize use of available resources, ensuring that physicians provide care of the highest quality, protecting patient privacy in a data-driven world, and properly balancing patient autonomy with the interest in preserving life when reproductive and end-of-life decisions are made. This Handbook's wide scope and comparative perspective on health law are particularly timely. Economic globalization has made it increasingly important for different countries to harmonize their legal rules. The many paired and complementary chapters that cover law in American and European contexts represent a novel approach that should allow scholars, students, and policymakers to develop new insight into this complex field. Keywords: health law; comparative law; EU law; UK law; US law; public health; healthcare; social determinants of health; public policy"--

Legal and Forensic Medicine

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Publisher : Springer
ISBN 13 : 9783642323379
Total Pages : 0 pages
Book Rating : 4.3/5 (233 download)

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Book Synopsis Legal and Forensic Medicine by : Roy G. Beran

Download or read book Legal and Forensic Medicine written by Roy G. Beran and published by Springer. This book was released on 2013-09-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive reference text that examines the current state of Legal Medicine, which encompasses Forensic Medicine, in the 21st century. It examines the scope of both legal and forensic medicine, its application and study and has adopted a wide ranging approach including multinational authorship. It reviews the differences between and similarities of forensic and legal medicine, the need for academic qualification, the applications to many and varied fields including international aid, military medicine, health law and the application of medical knowledge to both criminal law and tort/civil law, sports medicine and law, gender and age related factors from obstetrics through to geriatrics and palliative care as well as cultural differences exploring the Christian/Judeo approach compared with that within Islamic cultures, Buddhism and Hinduism. The book looks at practical applications of legal medicine within various international and intercultural frameworks. This is a seminal authoritative text in legal and forensic medicine. It has a multi-author and multinational approach which crosses national boundaries. There is a great interest in the development of health law and legal medicine institutes around the world and this text comes in on the ground floor of this burgeoning discipline and provides the foundation text for many courses, both undergraduate and postgraduate. It defines the place of legal medicine as a specialized discipline.​

Atiyah's Accidents, Compensation and the Law

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Publisher : Cambridge University Press
ISBN 13 : 9780521689311
Total Pages : 552 pages
Book Rating : 4.6/5 (893 download)

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Book Synopsis Atiyah's Accidents, Compensation and the Law by : Peter Cane

Download or read book Atiyah's Accidents, Compensation and the Law written by Peter Cane and published by Cambridge University Press. This book was released on 2006-10-26 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.

Medical Care Law

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Publisher : Jones & Bartlett Learning
ISBN 13 : 9780834216037
Total Pages : 538 pages
Book Rating : 4.2/5 (16 download)

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Book Synopsis Medical Care Law by : Edward P. Richards

Download or read book Medical Care Law written by Edward P. Richards and published by Jones & Bartlett Learning. This book was released on 1999 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal reference for practicing physicians is a necessary adjunct to their professional practice library in today's highly regulated and litigious world. Medical Care Law was written to help practicing physicians avoid legal conflicts, and to prevent legal problems rather than treat them. Written with the practicing physician in mind, this book is also valuable to a variety of health professionals, including physician executives, medical directors, nurse administrators, advanced practice nurses, case managers, risk managers, legal nurse consultants, health care administrators, public health professionals, and attorneys. In addition To The traditional legal issues affecting medical practitioners, Medical Care Law addresses the legal pitfalls in today's volatile health care landscape, including managed care, health care fraud and abuse, compliance plans, and working with non-physician providers.

Recording and Notification of Occupational Accidents and Diseases

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Author :
Publisher : International Labour Organization
ISBN 13 : 9789221094517
Total Pages : 128 pages
Book Rating : 4.0/5 (945 download)

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Book Synopsis Recording and Notification of Occupational Accidents and Diseases by : International Labour Office

Download or read book Recording and Notification of Occupational Accidents and Diseases written by International Labour Office and published by International Labour Organization. This book was released on 1996 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Medical Malpractice and Compensation in Global Perspective

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Publisher : Walter de Gruyter
ISBN 13 : 3110270234
Total Pages : 591 pages
Book Rating : 4.1/5 (12 download)

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Book Synopsis Medical Malpractice and Compensation in Global Perspective by : Ken Oliphant

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 591 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.

Insuring Medical Malpractice

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Publisher : Oxford University Press
ISBN 13 : 0195361512
Total Pages : 264 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Insuring Medical Malpractice by : Frank A. Sloan

Download or read book Insuring Medical Malpractice written by Frank A. Sloan and published by Oxford University Press. This book was released on 1991-09-26 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The cost of malpractice insurance to physicians has been increasing in recent years, as has the threat to physicians of being sued. This book describes and analyzes the workings of the market for physicians' liability insurance. The authors use their own data and other sources to study questions such as: Is the market for medical malpractice insurance competitive? Has the profitability of medical malpractice insurance been excessive? Why do malpractice insurers demand reinsurance? What effect has insurance regulation had on premiums? And it explores what experience rating is and how it is done.

Transnational Legal Activism in Global Value Chains

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Publisher : Springer Nature
ISBN 13 : 3030738353
Total Pages : 340 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Transnational Legal Activism in Global Value Chains by : Miriam Saage-Maaß

Download or read book Transnational Legal Activism in Global Value Chains written by Miriam Saage-Maaß and published by Springer Nature. This book was released on 2021-08-01 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book documents and analyses the various interventions – legal, political, and even artistic – that followed the Ali Enterprises factory fire in Karachi, Pakistan, in 2012. It illuminates the different substantive and procedural aspects of the legal proceedings and negotiations between the various local and transnational actors implicated in the Ali Enterprises fire, as well as the legal and policy reforms sparked by the incident. This endeavour serves to embed these legal cases and reform efforts in the larger context of human and labour rights protection and global value chain governance. It also offers a concrete case study relevant for ongoing debates around the role of transnational approaches in making human rights litigation, advocacy, and law reform more effective. In this regard, the book interrogates and critically reflects on such legal campaigns and local and transnational reform work with a view to future transformative legal and social activism.

Common Law Tort & Contract

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Publisher : LIT Verlag Münster
ISBN 13 : 9783825837396
Total Pages : 264 pages
Book Rating : 4.8/5 (373 download)

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Book Synopsis Common Law Tort & Contract by : Thomas Lundmark

Download or read book Common Law Tort & Contract written by Thomas Lundmark and published by LIT Verlag Münster. This book was released on 1998 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Encyclopædia Britannica: Macropædia

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Publisher :
ISBN 13 :
Total Pages : 1052 pages
Book Rating : 4.3/5 (555 download)

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Book Synopsis New Encyclopædia Britannica: Macropædia by :

Download or read book New Encyclopædia Britannica: Macropædia written by and published by . This book was released on 1997 with total page 1052 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Nations

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Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: