Medical Negligence in South Africa

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Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Medical Negligence in South Africa by : N. J. B. Claassen

Download or read book Medical Negligence in South Africa written by N. J. B. Claassen and published by . This book was released on 1992 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Application of the Doctrine of a Loss of a Chance to Recover in Medical Law

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Author :
Publisher : PULP
ISBN 13 : 0980265843
Total Pages : 92 pages
Book Rating : 4.9/5 (82 download)

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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.

Res Ipsa Loquitur and Medical Negligence

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Author :
Publisher : Juta and Company Ltd
ISBN 13 : 9780702185977
Total Pages : 230 pages
Book Rating : 4.1/5 (859 download)

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Book Synopsis Res Ipsa Loquitur and Medical Negligence by : Pat Van den Heever

Download or read book Res Ipsa Loquitur and Medical Negligence written by Pat Van den Heever and published by Juta and Company Ltd. This book was released on 2011 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose and object ... is the investigation and research of the utility and effect of the application of the doctrine of res ipsa loquitur to medical negligence cases. In particular, the book endeavours to establish conclusively that the approach of the South African courts, that the doctrine should never find application to modern negligence cases, is untenable and out of touch with modern approaches adopted in other common law countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also analysed"--Page 4 of cover.

Practitioner's Guide to Medical Malpractice in South African Law

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Author :
Publisher : Siber Ink
ISBN 13 : 1920025952
Total Pages : 156 pages
Book Rating : 4.9/5 (2 download)

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Book Synopsis Practitioner's Guide to Medical Malpractice in South African Law by : Ian Dutton

Download or read book Practitioner's Guide to Medical Malpractice in South African Law written by Ian Dutton and published by Siber Ink. This book was released on 2015-06-22 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to set out the fundamental principles governing the law of medical malpractice in clear and understandable terms, so that those principles can be applied in daily practice. The intersection of the fields of medicine and the law produces formidable challenges. For the lawyer, the applicable legal principles and issues are as intellectually and professionally demanding as encountered in any field of the law. For the medical practitioner, there is at present an obstructive uncertainty and anxiety about the legal rules which apply, and the health professions accordingly feel under siege. Added to this is the formative role that government and civil society plays in considering and assimilating into our legal system profound policy considerations affecting our most intimate interests. This book addresses these issue clearly and comprehensively.

FOUNDATIONAL PRINCIPLES OF SOUTH AFRICAN MEDICAL LAW

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Publisher :
ISBN 13 : 9780409113419
Total Pages : pages
Book Rating : 4.1/5 (134 download)

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Book Synopsis FOUNDATIONAL PRINCIPLES OF SOUTH AFRICAN MEDICAL LAW by : CARSTENS.

Download or read book FOUNDATIONAL PRINCIPLES OF SOUTH AFRICAN MEDICAL LAW written by CARSTENS. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Practitioner's Guide to Medical Malpractice in South African Law

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Author :
Publisher :
ISBN 13 : 9781920025939
Total Pages : 139 pages
Book Rating : 4.0/5 (259 download)

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Book Synopsis The Practitioner's Guide to Medical Malpractice in South African Law by : Ian Dutton (Lawyer)

Download or read book The Practitioner's Guide to Medical Malpractice in South African Law written by Ian Dutton (Lawyer) and published by . This book was released on 2015 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Limitation of Professional Liability

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Publisher :
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Limitation of Professional Liability by : South African Law Commission

Download or read book Limitation of Professional Liability written by South African Law Commission and published by . This book was released on 1993 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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.

Clinical Guidelines and the Law of Medical Negligence

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1789908892
Total Pages : 368 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Clinical Guidelines and the Law of Medical Negligence by : Samanta, Jo

Download or read book Clinical Guidelines and the Law of Medical Negligence written by Samanta, Jo and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.

Medical Malpractice and Compensation in Global Perspective

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Author :
Publisher : Walter de Gruyter
ISBN 13 : 3110270234
Total Pages : 592 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 592 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.

International Medical Malpractice Law

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Author :
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.

Compartment Syndrome

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Publisher : Springer Nature
ISBN 13 : 3030223310
Total Pages : 187 pages
Book Rating : 4.0/5 (32 download)

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Book Synopsis Compartment Syndrome by : Cyril Mauffrey

Download or read book Compartment Syndrome written by Cyril Mauffrey and published by Springer Nature. This book was released on 2019-09-02 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compartment syndrome is a complex physiologic process with significant potential harm, and though an important clinical problem, the basic science and research surrounding this entity remains poorly understood. This unique open access book fills the gap in the knowledge of compartment syndrome, re-evaluating the current state of the art on this condition. The current clinical diagnostic criteria are presented, as well as the multiple dilemmas facing the surgeon. Pathophysiology, ischemic thresholds and pressure management techniques and limitations are discussed in detail. The main surgical management strategy, fasciotomy, is then described for both the upper and lower extremities, along with wound care. Compartment syndrome due to patient positioning, in children and polytrauma patients, and unusual presentations are likewise covered. Novel diagnosis and prevention strategies, as well as common misconceptions and legal ramifications stemming from compartment syndrome, round out the presentation. Unique and timely, Compartment Syndrome: A Guide to Diagnosis and Management will be indispensable for orthopedic and trauma surgeons confronted with this common yet challenging medical condition.

Comparative Health Law and Policy

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Author :
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472436776
Total Pages : 353 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis Comparative Health Law and Policy by : Irehobhude O. Iyioha

Download or read book Comparative Health Law and Policy written by Irehobhude O. Iyioha and published by Ashgate Publishing, Ltd.. This book was released on 2015-02-28 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ‘Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.

Expert Evidence in Clinical Negligence

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Author :
Publisher :
ISBN 13 : 9781485108917
Total Pages : 164 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Expert Evidence in Clinical Negligence by : Patrick Van Den Heever

Download or read book Expert Evidence in Clinical Negligence written by Patrick Van Den Heever and published by . This book was released on 2015-11-27 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Principles and Rules of Procedure

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Author :
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Principles and Rules of Procedure by : United States. National War Labor Board (1918-1919)

Download or read book Principles and Rules of Procedure written by United States. National War Labor Board (1918-1919) and published by . This book was released on 1919 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Medical Malpractice Law

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Author :
Publisher : BRILL
ISBN 13 : 9783166453224
Total Pages : 992 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 992 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.

Clinical Guidelines and the Law of Medical Negligence

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781789908886
Total Pages : 368 pages
Book Rating : 4.9/5 (88 download)

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Book Synopsis Clinical Guidelines and the Law of Medical Negligence by : Jo Samanta

Download or read book Clinical Guidelines and the Law of Medical Negligence written by Jo Samanta and published by Edward Elgar Publishing. This book was released on 2021-10-28 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law. The chapters provide compelling insights from academics, lawyers, barristers, doctors and healthcare professionals into the use of guidelines in determining the legal standard for breach of duty, thereby contributing to a holistic understanding of guideline usage in this area of law. Sociological considerations along with empirical findings are used to underpin these concepts. While focusing on the UK, contributors draw upon international law including that from the United States, South Africa, the Netherlands and other countries. Based on this analysis the conclusion offers a theoretical framework for practical application illustrated by a case-based discourse. This book makes a significant contribution to the knowledge base in the subject area. It is an essential read for legal academics and lawyers working in medical and health law, as well as for doctors and other healthcare professionals. It will be a key reference point for medical regulators, health organisation policymakers and clinical governance teams.