Redress Schemes for Personal Injuries

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Publisher :
ISBN 13 : 9781509916641
Total Pages : pages
Book Rating : 4.9/5 (166 download)

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Book Synopsis Redress Schemes for Personal Injuries by : Sonia Macleod

Download or read book Redress Schemes for Personal Injuries written by Sonia Macleod and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Redress Schemes for Personal Injuries

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916636
Total Pages : 736 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Redress Schemes for Personal Injuries by : Sonia Macleod

Download or read book Redress Schemes for Personal Injuries written by Sonia Macleod and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.

Redress Schemes for Personal Injuries

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509916628
Total Pages : 736 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Redress Schemes for Personal Injuries by : Sonia Macleod

Download or read book Redress Schemes for Personal Injuries written by Sonia Macleod and published by Bloomsbury Publishing. This book was released on 2017-11-30 with total page 736 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book takes a fresh look at potential non-litigation solutions to providing personal injury compensation. It is the first systematic comparative study of such a large number – over forty – of personal injury compensation schemes. It covers the drivers for their creation, the frameworks under which they operate, the criteria and thresholds used, the compensation offered, the claims process, statistics on throughput and costs, and analysis of financial costings. It also considers and compares the successes and failings of these schemes. Many different types of redress providers are studied. These include the comprehensive no-blame coverage offered by the New Zealand Accident Compensation Corporation; the widely used Patient, Pharmaceutical, Motor Accident and Workers Compensation Insurance systems of the Nordic states; the far smaller issue-focused schemes like the UK Thalidomide and vCJD Trusts; vaccine damage schemes that exist in many countries; as well as motor vehicle schemes from the USA. Conclusions are drawn about the functions, essential requirements, architecture, scope, operation and performance of personal injury compensation systems. The relationships between such schemes, the courts and regulators are also discussed, and both calls and need for reforms are noted. Noting the wide calls for reform of NHS medical negligence litigation within the UK, and its replacement with a no blame approach, the authors' findings outline options for future policy in this area. This major contribution builds on general shifts from courts to ADR, and from blame to no blame in regulation, and is a work that has the potential to have a major impact on the field of personal injury redress. With contributions by Raymond Byrne, Claire Bright, Shuna Mason, Magdalena Tulibacka, Matti Urho, Mary Walker and Herbert Woopen.

Delivering Justice

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509961569
Total Pages : 341 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Delivering Justice by : Xandra Kramer

Download or read book Delivering Justice written by Xandra Kramer and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges' multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.

Delivering Dispute Resolution

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509916911
Total Pages : 643 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Delivering Dispute Resolution by : Christopher Hodges

Download or read book Delivering Dispute Resolution written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2019-10-17 with total page 643 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the techniques, mechanisms and architectures of the way disputes are processed in England and Wales. Adopting a comparative approach, it evaluates the current state of the main different types of dispute resolution systems, including business, consumer, personal injury, family, property, employment and claims against the state. It provides a holistic overview of the whole system and suggests both systemic and detailed reforms. Examining dispute resolution pathways from users' perspectives, the book highlights options such as ombudsmen, regulators, tribunals and courts as well as mediation and other ADR and ODR approaches. It maps numerous sectoral developments to see if learning might be spread to other sectors. Several recurrent themes arise, including the diversification in the use of techniques; adoption of digital, online and artificial technology; cost and funding constraints; the emergence of new intermediaries; the need to focus accessibility arrangements for people and businesses that need help with their problems; and identifying effective ways for achieving behavioural change. This timely study analyses the shift from adversarial legalism to softer means of resolving social problems, and points to a major opportunity to devise an imaginative and holistic strategic vision for the jurisdiction.

Unexpected Consequences of Compensation Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928014
Total Pages : 312 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Unexpected Consequences of Compensation Law by : Prue Vines

Download or read book Unexpected Consequences of Compensation Law written by Prue Vines and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.

Kidner's Casebook on Torts

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Publisher : Oxford University Press, USA
ISBN 13 : 0198830882
Total Pages : 592 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Kidner's Casebook on Torts by : Kirsty Horsey

Download or read book Kidner's Casebook on Torts written by Kirsty Horsey and published by Oxford University Press, USA. This book was released on 2019-07-17 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kidner's Casebook on Torts is the essential companion for undergraduate tort law students, providing a comprehensive portable library of leading cases in the field. Kirsty Horsey and Ericka Rackley, authors of the best-selling tort law textbook, combine their talents again to update Kidner's popular casebook; bringing together an impressive range of carefully edited extracts and combining insightful commentary with questions and annotated cases to help your students identify and analyse the key elements of each case. Online resources The text is supported by online resources which provide a comprehensive suite of resources, including downloadable annotated cases, flashcard glossary, and web links and video clips of current items.

Class Actions in Europe

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Publisher : Springer Nature
ISBN 13 : 3030730360
Total Pages : 400 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Class Actions in Europe by : Alan Uzelac

Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Casebook on Tort Law

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Publisher : Oxford University Press
ISBN 13 : 0198874960
Total Pages : 616 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis Casebook on Tort Law by : Kirsty Horsey

Download or read book Casebook on Tort Law written by Kirsty Horsey and published by Oxford University Press. This book was released on 2024-02-02 with total page 616 pages. Available in PDF, EPUB and Kindle. Book excerpt: All the leading cases, illuminated by Horsey & Rackley's trademark clear and lively commentary.The essential companion for undergraduate tort law students, providing a comprehensive portable library of leading tort cases. Horsey & Rackley bring together a range of carefully edited extracts, combined with insightful commentary and annotated cases to help students identify and analyse the key elements.Key features:- The only text of its kind to provide a comprehensive collection of the leading tort law cases for undergraduates- Simple to navigate, pulling all key case law together into one easy-to-use volume which students can work through systematically or use to reference specific cases- Cases are accompanied by succinct author commentary highlighting the key elements of each case- Annotated cases help students understand and analyse materialNew to this edition:The seventeenth edition has been thoroughly revised to reflect recent developments in the law, including Fearn and others v The Board of Trustees of the Tate Gallery [2023] UKSC 4 on private nuisance, Riley v Murray Court of Appeal [2022] EWCA Civ 1146 on defamation, and Paul v Royal Wolverhampton NHS Trust; Polmear v Royal Cornwall Hospital NHS Trust; Purchase v Ahmed [2022] EWCA Civ 12 on psychiatric harm.

Outcome-Based Cooperation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509962492
Total Pages : 595 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Outcome-Based Cooperation by : Christopher Hodges

Download or read book Outcome-Based Cooperation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.

Unexpected Consequences of Compensation Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509928006
Total Pages : 411 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Unexpected Consequences of Compensation Law by : Prue Vines

Download or read book Unexpected Consequences of Compensation Law written by Prue Vines and published by Bloomsbury Publishing. This book was released on 2020-09-03 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the performance of compensation law in addressing the needs of the injured. Compensation procedure can be dangerous to your health and may fail to compensate without aggravation/creating other problems. This book takes a refreshing and insightful approach to the law of compensation considering, from an interdisciplinary perspective, the actual effect of compensation law on people seeking compensation. Tort law, workers' compensation, medical law, industrial injury law and other schemes are examined and unintended consequences for injured people are considered. These include ongoing physical and mental illness, failure to rehabilitate, the impact on social security entitlements, medical care as well as the impact on those who serve – the lawyers, administrators, medical practitioners etc. All are explored in this timely and fascinating book. The contributors include lawyers, psychologists, and medical practitioners from multiple jurisdictions including Australia, the Netherlands, Canada, Italy and the UK.

Child Sexual Abuse Reported by Adult Survivors

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Author :
Publisher : Taylor & Francis
ISBN 13 : 0429886802
Total Pages : 251 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Child Sexual Abuse Reported by Adult Survivors by : Sinéad Ring

Download or read book Child Sexual Abuse Reported by Adult Survivors written by Sinéad Ring and published by Taylor & Francis. This book was released on 2022-04-28 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child Sexual Abuse Reported by Adult Survivors is a wide-ranging and timely critical history and analysis of legal responses to ‘historical’ or ‘non-recent’ child sexual abuse (NRCSA) in England and Wales, Ireland and Australia, each of which represents an evolving and progressive approach to this important and complex issue. The book examines the emergence of NRCSA as a distinctive social, political and legal phenomenon in each country and explores the legal responses developed to address its unprecedented challenges. Courts and parliaments in each country have reformed existing doctrine and practice and have created new ways of holding state and private actors accountable and new ways of addressing survivors’ injuries. Criminal law, tort law, public inquiries and state reparations have all been to the forefront of these new legal responses, which have transformed law’s engagement with NRCSA survivors and understandings of justice itself. However, despite this undeniable progress, the book identifies ways in which the legal responses developed in each country fail to deliver accountability and recognition to NRCSA survivors and argues that such failures betray the law’s inherent ambivalence to delivering justice for these survivors. Creating new insights into legal responses to this complex contemporary legal, social and political problem, this book will be of great interest to academic lawyers, political scientists and historians, as well as those working on related topics in criminology, sociology, social policy, cultural studies and gender studies.

Doing Away With Personal Injury Law

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Author :
Publisher : Praeger
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Doing Away With Personal Injury Law by : Stephen D. Sugarman

Download or read book Doing Away With Personal Injury Law written by Stephen D. Sugarman and published by Praeger. This book was released on 1989-07-07 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although personal injury law has been much criticized--by legal groups, insurers, health care providers, the business community, legislators, victims, and others--no concrete legal reforms have been enacted that would create a more equitable compensation system for accident victims of all sorts. In this volume, Sugarman offers both a penetrating critique of current personal injury law and a pioneering proposal for new compensation arrangements and new mechanisms for controlling unreasonably dangerous conduct. Sugarman argues persuasively that personal injury law as it is currently constructed generates more perverse behavior than desired safety, that it is an intolerably expensive and unfair system of compensating victims, and that in practice it fails to serve any commonsense notion of justice. His solution is the abolition of personal injury law and the institution of reforms based on social insurance and employee benefits. Sugarman begins by examining the justifications advanced in support of existing personal injury law, demonstrating that these goals are either unachieved or inefficiently pursued. He argues that current tort law discourages business innovation, undermines our health care system, diverts the time and attention of engineers, executives, and others from their main tasks, leaves many victims uncompensated while allowing others inappropriate punitive damages, artificially inflates insurance costs, and more. In the second section, Sugarman criticizes already proposed reforms, arguing that they do not go nearly far enough to address the serious short falls of the current system. Finally, Sugarman delineates his own three-part reform proposal: eliminate tort remedies for accidental injuries; build on existing social insurance and employee benefit plans to assure generous, yet fair compensation to all accident victims; and build on existing regulatory schemes to promote accident avoidance and to provide effective outlets for public complaints. Practicing attorneys, lobbyists, policymakers and business, consumer, and insurance leaders will find Doing Away with Personal Injury Law a provocative contribution to the continuing debate on the best means of reforming the victim compensation system.

VICTORIAN STATUTORY COMPENSATION SCHEMES.

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Author :
Publisher :
ISBN 13 : 9780409348637
Total Pages : pages
Book Rating : 4.3/5 (486 download)

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Book Synopsis VICTORIAN STATUTORY COMPENSATION SCHEMES. by : TALIADOROS AND GRANT.

Download or read book VICTORIAN STATUTORY COMPENSATION SCHEMES. written by TALIADOROS AND GRANT. and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Examining the Past and Shaping the Future

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Author :
Publisher : Routledge
ISBN 13 : 1000488616
Total Pages : 131 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Examining the Past and Shaping the Future by : Katie Wright

Download or read book Examining the Past and Shaping the Future written by Katie Wright and published by Routledge. This book was released on 2021-11-29 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Royal Commission into Institutional Responses to Child Sexual Abuse (2013– 17) was one of the largest public inquiries in Australian history and one of the most important investigations into child abuse internationally. It facilitated a national conversation about justice for victims and survivors and how to improve child safety in the future. Through the examination of practices in key social institutions, including churches, schools, sporting clubs, hospitals and voluntary organisations, it provided new understandings of the widespread abuse that many people had experienced in the past and it made recommendations for a national redress scheme. The Royal Commission also recommended sweeping reforms in policies, practices and institutional cultures. Offering valuable insights into the Royal Commission’s history and background, its social and cultural significance, and its implications for policy development and legislative reform, this book provides a wide-ranging analysis of the work of the Royal Commission and its social, psychological, legal and discursive impact. The chapters reveal not only the complexity of the matters that the Royal Commission was dealing with and the difficulties faced by the victims of child sexual abuse, but also the challenges of researching and writing about this sensitive topic. The chapters in this book were originally published as a special issue of the Journal of Australian Studies.

Medical Law and Ethics

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192856561
Total Pages : 729 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Medical Law and Ethics by : Jonathan Herring

Download or read book Medical Law and Ethics written by Jonathan Herring and published by Oxford University Press. This book was released on 2022-04-25 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical Law and Ethics covers the core legal principles, key cases, and statutes that govern medical law alongside the key ethical debates and dilemmas that exist in the field. Carefully constructed features highlight these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as 'a shock to the system', 'public opinion' and 'reality check' introduce further socio-legal discussion and contribute to the lively and engaging manner in which the subject is approached. Digital formats and resources The ninth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks · The online resources include: complete bibliography and list of further reading; links to key cases; a video from the author which introduces the book; links to key sites with information on medical law and ethics; and answer guidance to one question per chapter.

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198905807
Total Pages : 480 pages
Book Rating : 4.1/5 (989 download)

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Book Synopsis by :

Download or read book written by and published by Oxford University Press. This book was released on with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: