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Res Ipsa Loquitur And Medical Negligence
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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.
Book Synopsis The Application of the Doctrine of Res Ipsa Loquitur to Medical Negligence Cases by : Patrick Van den Heever
Download or read book The Application of the Doctrine of Res Ipsa Loquitur to Medical Negligence Cases written by Patrick Van den Heever and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose and object of this thesis was to investigate and research the utility and effect of the application of the doctrine of res ipsa loquitur to medical negligence cases. More particularly, it was endeavoured to establish conclusively that the approach of the South African courts that the doctrine can never find application to medical negligence cases is untenable and out of touch with modern approaches adopted by other Common law countries. It was further endeavoured to provide a theoretical and practical legal framework within which the application of the doctrine to medical negligence cases and related matters can develop in South Africa, in future. The research includes a comprehensive comparative survey of the diverging approaches with regard to the application of the doctrine to medical negligence cases between the legal systems of South Africa, England and the United States of America. The most important conclusions which the investigation revealed were the following: 1. There are substantial differences with regard to the application of the doctrine between the three legal systems, with regard to the requirements for, the nature of, the procedural effect on the onus of proof and the nature of the defendant's explanation in rebuttal. These differences are further compounded by differences between the principles enunciated by the courts and the opinions of legal commentators on the subject. 2. Whereas the approach adopted by the South African courts with regard to the application of the doctrine to medical negligence cases is outdated and untenable, more legal clarity, however, exists in South Africa with regard to the application of the doctrine to personal injury cases in general, so that the existing principles which are applied provide a structure within which the extension of its application to medical accidents can be readily accommodated. 3. The current approach adopted by England, where provision is made for the application of the doctrine to obvious medical blunders as well as more complex matters, where the plaintiff is permitted to buttress evidence relating to the res with expert medical evidence, commends itself for acceptance. Such an approach not only alleviates the plaintiff's burden of proof but also provides adequate protection to the defendant by endorsing the principle of honest doubt in the form of letting the defendant prevail if he comes to court and explains that despite due care, untoward results do sometimes occur especially in the practice of medicine. 4. The approach adopted by the majority of jurisdictions in the United States of America is probably too liberal and unstructured so that it may in some instances result in the imposition of liability in medical context, in a arbitrary fashion. 5. Constitutional principles such as procedural equality, policy and other considerations support the extension of the application of the doctrine to medical negligence cases in South Africa. There are also substantial grounds for advancing a persuasive argument that the majority judgment in the Van Wyk v Lewis case should be overruled and that the general application of the doctrine of res ipsa loquitur should not only be extended to cases of medical negligence, but also to related legal procedures which follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa.
Book Synopsis The Case Against the Supreme Court by : Erwin Chemerinsky
Download or read book The Case Against the Supreme Court written by Erwin Chemerinsky and published by Penguin Books. This book was released on 2015-09-29 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both historically and in the present, the Supreme Court has largely been a failure In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them. Drawing on a wealth of rulings, some famous, others little known, he reviews the Supreme Court’s historic failures in key areas, including the refusal to protect minorities, the upholding of gender discrimination, and the neglect of the Constitution in times of crisis, from World War I through 9/11. No one is better suited to make this case than Chemerinsky. He has studied, taught, and practiced constitutional law for thirty years and has argued before the Supreme Court. With passion and eloquence, Chemerinsky advocates reforms that could make the system work better, and he challenges us to think more critically about the nature of the Court and the fallible men and women who sit on it.
Book Synopsis The Problem of Res Ipsa Loquitur in Medical Malpractice Law by : Stephen A. Cowan
Download or read book The Problem of Res Ipsa Loquitur in Medical Malpractice Law written by Stephen A. Cowan and published by . This book was released on 1966 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Negligence and the Law by : Krishan Pal Singh Mahalwar
Download or read book Medical Negligence and the Law written by Krishan Pal Singh Mahalwar and published by . This book was released on 1991 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Malpractice and Res Ipsa Loquitur by : Kim H. Pearman
Download or read book Medical Malpractice and Res Ipsa Loquitur written by Kim H. Pearman and published by . This book was released on 1969 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Res Ipsa Loquitur in Medical Malpractice Suits by : Alfred P. Bachrach
Download or read book Res Ipsa Loquitur in Medical Malpractice Suits written by Alfred P. Bachrach and published by . This book was released on 1976 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Malpractice Issues in Radiology by : Leonard Berlin
Download or read book Malpractice Issues in Radiology written by Leonard Berlin and published by . This book was released on 2009 with total page 793 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Preparation and Trial of Medical Malpractice Cases by : Richard E. Shandell
Download or read book The Preparation and Trial of Medical Malpractice Cases written by Richard E. Shandell and published by Law Journal Press. This book was released on 2018-09-28 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Preparation and Trial of Medical Malpractice Cases treats a case as a continuous process, from interviewing the client to closing argument. It offers comprehensive coverage of the questions surrounding health maintenance organizations, including case law on the right to sue an HMO as well as its participating physicians. You'll find discussion of: how to recognize a meritorious case; the doctrine of alternative liability; the evidentiary value of FDA approval or non-approval; the continuing treatment doctri≠ state statutes regarding motion practice; malpractice liability of alternative medical practitioners; the admissibility of evidence comparing physicians' risk statistics to those of other physicians; use of expert testimony to establish res ipsa loquitur in negligence; the modified standard of proximate cause when a physician's negligence exacerbates a patient's existing condition; violation of the duty to disclose information; contributory negligence in informed consent; distinguishing between medical malpractice and ordinary negligence; liability of nurses; and more. Appendices demonstrate how to analyze a medical brief, depose and examine the defendant physician, and elicit testimony from your own expert witness. Also included are a sample Bill of Particulars, a sample jury charge and a list of Web sites to assist your medical research.
Book Synopsis Medical Negligence Case Law by : Rodney Nelson-Jones
Download or read book Medical Negligence Case Law written by Rodney Nelson-Jones and published by Tolley. This book was released on 1990 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Containing details of over 300 cases, this book's approach to the law of medical negligence is to concentrate on the cases and the principle deriving from them. Part 1 gives an overview of the relevant principles of law; part 2 is drawn from decided cases, and part 3 reproduces statutory material.
Book Synopsis The Law of Medical Malpractice in a Nutshell by : Joseph H. King
Download or read book The Law of Medical Malpractice in a Nutshell written by Joseph H. King and published by . This book was released on 1986 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Malpractice by : Patricia Munch Danzon
Download or read book Medical Malpractice written by Patricia Munch Danzon and published by Harvard University Press. This book was released on 1985 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way. Among its important findings is that at most one in ten patients injured through medical negligence receives compensation through the malpractice system. The focus of public attention has been on the rising cost to physicians of malpractice insurance. Although Patricia Danzon analyzes this question thoroughly, her view is much broader, encompassing the malpractice system itself--the legal process, the liability insurance markets, and the feedback to health care. As an economist, she is concerned with the efficiency or cost-effectiveness of the system from the point of view of its three social purposes: deterrence of medical negligence, compensation of injured patients, and the spreading of risk. To provide evidence of the operation of the system in practice, to distinguish fact from allegation, and to evaluate proposals for reform, she has undertaken a detailed empirical analysis of malpractice claims and insurance markets. It is a major contribution to our understanding of how the system works in practice and how it might be improved.
Book Synopsis The Law of Medical Negligence in England and Germany by : Marc Stauch
Download or read book The Law of Medical Negligence in England and Germany written by Marc Stauch and published by Bloomsbury Publishing. This book was released on 2008-08-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way. The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that the respective treatments in each country of a given matter, eg the standard of care owed by medical practitioners, are discussed side-by-side. The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other. What is of particular interest is how, notwithstanding their common starting point in terms of the application of the fault-principle under private law, the detailed rules in the two countries differ markedly. This is true both in the divergent way that claims are structured and argued, and also quite often as regards their substantive outcome. It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.
Book Synopsis Tort Liability Under Uncertainty by : Ariel Porat
Download or read book Tort Liability Under Uncertainty written by Ariel Porat and published by Oxford University Press, USA. This book was released on 2001 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Book Synopsis Medical Malpractice by : David M. Harney
Download or read book Medical Malpractice written by David M. Harney and published by . This book was released on 1973 with total page 810 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Medical Malpractice by : Frank Mcclellan
Download or read book Medical Malpractice written by Frank Mcclellan and published by Temple University Press. This book was released on 2010-06-10 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: An experienced litigator lays out the essential issues.
Book Synopsis Medical Malpractice by : Louis John Regan
Download or read book Medical Malpractice written by Louis John Regan and published by . This book was released on 1943 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt:
