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Medical Negligence Non Patient And Third Party Claims
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Book Synopsis Medical Negligence: Non-Patient and Third Party Claims by : Rachael Mulheron
Download or read book Medical Negligence: Non-Patient and Third Party Claims written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-29 with total page 650 pages. Available in PDF, EPUB and Kindle. Book excerpt: Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.
Book Synopsis Medical Negligence: Non-Patient and Third Party Claims by : Rachael Mulheron
Download or read book Medical Negligence: Non-Patient and Third Party Claims written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-29 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. The so-called ’non-patient’ may take many forms”for example, a person who is injured or killed by a mentally-ill, physically-disabled or diseased patient; a wrongfully-accused parent in a child neglect/abuse case; or a local authority which is put to the expense of caring for a negligently-treated patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional’s liability in negligence towards a wide variety of non-patients. The topic is assuming increasing legal importance and relevance, given the potential for many non-patient claims to give rise to class actions litigation, and in light of the legislative and human rights interventions, and the frequent appellate judicial consideration, which non-patient claims have attracted in recent times. The aim of the book is to have utility for both legal and medical professionals; for academics and students of comparative medical negligence and tort law; and for law reformers who may be interested in adopting certain features of statutory models elsewhere which pertain to some non-patient claims, such as those based upon ’Good Samaritan’ conduct. Important parallels or counterpoints from other common law jurisdictions, in which courts and commentators have grappled with the legal complexities of non-patient claims, are also discussed and critically analyzed.
Book Synopsis Advances in Patient Safety by : Kerm Henriksen
Download or read book Advances in Patient Safety written by Kerm Henriksen and published by . This book was released on 2005 with total page 526 pages. Available in PDF, EPUB and Kindle. Book excerpt: v. 1. Research findings -- v. 2. Concepts and methodology -- v. 3. Implementation issues -- v. 4. Programs, tools and products.
Book Synopsis Medical Malpractice Litigation by : Bernard S. Black
Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
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 Defensive Medicine and Medical Malpractice by :
Download or read book Defensive Medicine and Medical Malpractice written by and published by . This book was released on 1994 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American College of Legal Medicine Publisher :Elsevier Health Sciences ISBN 13 :0443124612 Total Pages :761 pages Book Rating :4.4/5 (431 download)
Book Synopsis Legal Medicine - E-BOOK by : American College of Legal Medicine
Download or read book Legal Medicine - E-BOOK written by American College of Legal Medicine and published by Elsevier Health Sciences. This book was released on 2024-05-29 with total page 761 pages. Available in PDF, EPUB and Kindle. Book excerpt: Authored by the two primary organizations in the field, Legal Medicine: Health Care Law and Medical Ethics, 8th Edition, remains the premier treatise in this increasingly important area of medical practice. In the midst of a progressively litigious culture, this essential reference provides up-to-date information on topics surrounding professional medical liability, the business aspects of medical practice, and medicolegal and ethical issues, offering comprehensive discussions on a myriad of topics that health care professionals face every day. - Addresses the legal aspects of almost every medical topic that impacts health care professionals, using actual case studies to illustrate nuances in the law. - Offers the expert guidance of top professionals across medical and legal fields in an easy-to-read format. - Includes new chapters on Legal Medicine History; Healthcare Technology; Patients with Infectious Diseases (HIV Infection and COVID-19); General Pain Management; Opioids and Illicit Drugs: Misuse, Abuse and Addiction; Cannabis (Marijuana); Drug (Treatment) Courts; and Public Health Law and Policy. - Provides authoritative information on current issues such as the high costs of medical liability insurance for practitioners and organizations; changes in health care and the law, including HIPAA and patient privacy; the overturning of Roe v. Wade; the opioid epidemic, and more. - Features Key Points boxes to open every chapter, Pearls boxes to call out important details, additional diagrams and tables throughout, a glossary of medical terms, and updated references and suggested readings. - Serves as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM).
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.
Download or read book Legal Medicine E-Book written by ACLM and published by Elsevier Health Sciences. This book was released on 2007-06-12 with total page 765 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regarded as the citable treatise in the field, the 7th Edition of Legal Medicine explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. Edited by the American College of Legal Medicine Textbook Committee, it features comprehensive discussions on a myriad of legal issues that health care professionals face every day. Substantially revised and expanded and written in a plain manner, this New Edition includes 20 brand-new chapters that address the hottest topics in the field today. Will also serve as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM). Includes need-to-know information on telemedicine and electronic mail · medical and scientific expert testimony · medical records and disclosure about patients · and liability exposure facing managed care organizations. Addresses the legal aspects of almost every medical topic that impacts health care professionals. Uses actual case studies to illustrate nuances in the law. Discusses current trends in the peer review process · physician-assisted suicide · and managed care organizations. Offers the expert guidance of top professionals across medical and legal fields in an easy to read format. Includes a glossary of medical terms. Features many brand-new chapters, including Patient Safety · Medication Errors · Disclosure of Adverse Outcome and Apologizing to Injured Patient · Liability of Pharmacists · No-Fault Liability· Legal Aspects of Bioterrorism · and Forensic Psychiatry.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis California. Court of Appeal (2nd Appellate District). Records and Briefs by : California (State).
Download or read book California. Court of Appeal (2nd Appellate District). Records and Briefs written by California (State). and published by . This book was released on with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medicine, Patients and the Law by : Margaret Brazier
Download or read book Medicine, Patients and the Law written by Margaret Brazier and published by Penguin UK. This book was released on 2007 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medicine, Patients and the Lawis a leading book in its field, aimed at practitioners and students of both law and medicine, as well as the general reader. It examines the regulation of medical practice, the rights and duties of patients and their medical advisers, the provision of compensation for medical mishaps and the framework of rules governing those delicate issues of life and death where medicine, morals and the law overlap. The fourth edition of this highly acclaimed book is fully updated to cover recent changes in law and medical practice. Among other current issues, it addresses the radical reforms proposed by the Shipman Inquiry, the impact of change within the NHS, the Mental Capacity Act of 2005 and includes a new chapter on access to health care. Clear explanations of legal issues make this book accessible and absorbing.
Book Synopsis Stein on Personal Injury Damages by : Jacob A. Stein
Download or read book Stein on Personal Injury Damages written by Jacob A. Stein and published by . This book was released on 2007 with total page 1648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Class Action in Common Law Legal Systems by : Rachael Mulheron
Download or read book The Class Action in Common Law Legal Systems written by Rachael Mulheron and published by Bloomsbury Publishing. This book was released on 2004-11-15 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
Book Synopsis Care Without Coverage by : Institute of Medicine
Download or read book Care Without Coverage written by Institute of Medicine and published by National Academies Press. This book was released on 2002-06-20 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Americans believe that people who lack health insurance somehow get the care they really need. Care Without Coverage examines the real consequences for adults who lack health insurance. The study presents findings in the areas of prevention and screening, cancer, chronic illness, hospital-based care, and general health status. The committee looked at the consequences of being uninsured for people suffering from cancer, diabetes, HIV infection and AIDS, heart and kidney disease, mental illness, traumatic injuries, and heart attacks. It focused on the roughly 30 million-one in seven-working-age Americans without health insurance. This group does not include the population over 65 that is covered by Medicare or the nearly 10 million children who are uninsured in this country. The main findings of the report are that working-age Americans without health insurance are more likely to receive too little medical care and receive it too late; be sicker and die sooner; and receive poorer care when they are in the hospital, even for acute situations like a motor vehicle crash.
Book Synopsis The Modern Cy-près Doctrine by : Rachael Mulheron
Download or read book The Modern Cy-près Doctrine written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
Download or read book Williams V. Manchester written by and published by . This book was released on 2007 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt:
