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The Application Of The Doctrine Of A Loss Of A Chance To Recover In Medical Law
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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.
Book Synopsis Loss of Chance by : Matthew Calloway Walker
Download or read book Loss of Chance written by Matthew Calloway Walker and published by . This book was released on 2023-07-04 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is the work of a masterful scholar and writer, who has a deep appreciation for law and medicine, and the core-competencies to back it up. By far, Matthew's account provides a detailed innovative approach that could have a revolutionary impact on the way the judicial system tackles medical malpractice and the loss of chance doctrine." -- Dr. Stephen Glazer, MD FRCPC FCCP. With every diagnosis given and every treatment prescribed, patients find themselves confined to operate on a metaphorical chess-board encumbered by statistics. There is virtually no liberation. "How long do I have?" "Is it fatal?" "What are my options?" "What is my chance of survival?" These are the quintessential queries which preoccupy and burden the mind. For any given patient, diagnosis and prognosis offer insight and to some extent clarity. Unfortunately, this reality is oftnever realized when patients are subjected to negligent misdiagnosis. Under the shroud of wrongful error, the patient loses a statistical advantage pertaining to their survival or recovery. Consideration of this loss of chance as compensable at lawhas sparked prodigious debate amongst legal scholars and judicial decision makers spanning the globe. However, as medical malpractice actions in some countries have seen a decline in patient claim success over the past 40 years, many have argued a new judicial approach is needed. One approach offered is to utilize the loss of chance doctrine. What is it? How does it work? What is the Walker Approach? These answers and more await you inside this book.
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 Calamari and Perillo on Contracts by : Joseph M. Perillo
Download or read book Calamari and Perillo on Contracts written by Joseph M. Perillo and published by West Academic Publishing. This book was released on 2009 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The expert author provides a detailed treatment of the basic rules, principles, and issues in contracts. Topics covered include offer and acceptance, parol evidence and interpretation, consideration, promissory estoppel, contracts under seal, capacity of parties, conditions, performance, and breach. The author also discusses damages, avoidance and reformation, third-party beneficiaries, assignments, and the statute of frauds. The discharge of contracts and illegal bargains are also the subject of separate chapters.
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 Proof of Causation in Tort Law by : Sandy Steel
Download or read book Proof of Causation in Tort Law written by Sandy Steel and published by Cambridge University Press. This book was released on 2015-09-11 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Book Synopsis Patient Care Case Law Ethics, Regulation, and Compliance by : George D. Pozgar
Download or read book Patient Care Case Law Ethics, Regulation, and Compliance written by George D. Pozgar and published by Jones & Bartlett Publishers. This book was released on 2012-02-21 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's litigious environment, where high-stakes negligence suits plague the health care industry, it is imperative that health care professionals understand their rights and responsibilities under the law and the legal ramifications of their actions. Patient Care Case Law: Ethics, Regulation, and Compliance is a unique compendium of case studies that provides a foundation for that understanding. The broad variety of case studies covered in this reference is organized around the patient's progression through the health system, from admission to discharge. The text features chapters on patient rights, the screening and assessment process, diagnosis, treatment, universal protocols, discharge planning, and follow-up care. Additionally, chapters on employee and patient safety, human resources, and criminal acts round out the content. Each legal case presented includes a review of the facts, the issues related to the health care industry, and the court's ruling and rationale for its decision. Patient Care Case Law: Ethics, Regulation, and Compliance features: -Appendices on the U.S. Code of Federal Regulations Chapter 42 for hospitals, Medicare/Medicaid certification, and assessment of quality care -A summary case written as a "closet drama" -Discussion questions for each case presented -Descriptive citations providing useful additional information -A list of suggested websites to aid further research -Accompanying resources for instructors: TestBank and PowerPoints
Book Synopsis Apportionment in Private Law by : Kit Barker
Download or read book Apportionment in Private Law written by Kit Barker and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives – historical, comparative, empirical, doctrinal and philosophical.
Book Synopsis Proportional Liability: Analytical and Comparative Perspectives by : Israel Gilead
Download or read book Proportional Liability: Analytical and Comparative Perspectives written by Israel Gilead and published by Walter de Gruyter. This book was released on 2013-10-14 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Causal uncertainty is a wide-spread phenomenon. Courts are often unable to determine whether a defendant’s tortious conduct was a factual cause of a plaintiff’s harm. Yet, sometimes courts can determine the probability that the defendant caused the plaintiff’s harm, although often there is considerable variance in the probability estimate based on the available evidence. The conventional way to cope with this uncertainty has been to apply the evidentiary rule of ‘standard of proof’. The application of this ‘all or nothing’ rule can lead to unfairness by absolving defendants who acted tortiously and may also create undesirable incentives that result in greater wrongful conduct and injustice to victims. Some courts have decided that this ‘no-liability’ outcome is undesirable. They have adopted rules of proportional liability that compensate plaintiffs according to the probability that their harm was caused by the defendant’s tortious conduct. In 2005 the Principles of European Tort Law (PETL) made a breakthrough in this regard by embracing rules of proportional liability. This project, building on PETL, endeavours to make further inquiries into the desirable scope of proportional liability and to offer a more detailed view of its meaning, implications, and ramifications.
Book Synopsis Mammography and Beyond by : National Research Council
Download or read book Mammography and Beyond written by National Research Council and published by National Academies Press. This book was released on 2001-08-23 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: Each year more than 180,000 new cases of breast cancer are diagnosed in women in the U.S. If cancer is detected when small and local, treatment options are less dangerous, intrusive, and costly-and more likely to lead to a cure. Yet those simple facts belie the complexity of developing and disseminating acceptable techniques for breast cancer diagnosis. Even the most exciting new technologies remain clouded with uncertainty. Mammography and Beyond provides a comprehensive and up-to-date perspective on the state of breast cancer screening and diagnosis and recommends steps for developing the most reliable breast cancer detection methods possible. This book reviews the dramatic expansion of breast cancer awareness and screening, examining the capabilities and limitations of current and emerging technologies for breast cancer detection and their effectiveness at actually reducing deaths. The committee discusses issues including national policy toward breast cancer detection, roles of public and private agencies, problems in determining the success of a technique, availability of detection methods to specific populations of women, women's experience during the detection process, cost-benefit analyses, and more. Examining current practices and specifying research and other needs, Mammography and Beyond will be an indispensable resource to policy makers, public health officials, medical practitioners, researchers, women's health advocates, and concerned women and their families.
Book Synopsis Damages in EU Public Procurement Law by : Hanna Schebesta
Download or read book Damages in EU Public Procurement Law written by Hanna Schebesta and published by Springer. This book was released on 2015-12-16 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.
Book Synopsis Amyloid and Related Disorders by : Maria M. Picken
Download or read book Amyloid and Related Disorders written by Maria M. Picken and published by Humana Press. This book was released on 2015-08-17 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of this text presents an overview of the most recent developments in this area including clinical presentation, etiology, pathogenesis, and differential diagnosis. The rationale for various therapies, including transplantation, is discussed and tissue diagnosis (its pitfalls and strategies for avoiding them) and laboratory support are included. The involvement of all major organ systems including renal/genitourinary, cardiac, gastrointestinal, pulmonary, peripheral nerve/central nervous system, soft tissue, skin, lymph node/spleen and bone marrow pathology is also covered. Amyloid and Related Disorders, Second Edition will be invaluable to specialized and general pathologists as well as cytopathologists. Other medical professionals may also benefit from this concise update on the systemic amyloidoses.
Book Synopsis The Torts Process by : James A. Henderson
Download or read book The Torts Process written by James A. Henderson and published by Aspen Publishing. This book was released on 2017-03-01 with total page 1357 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Torts Process, Ninth Edition uses a student-friendly, procedurally-focused approach that relies on proven problem-and-cases pedagogy to illuminate the overarching structure and organization of tort law. Its lively mix of problems, cases, notes, and questions stimulate thought and discussion, while providing a firm foundation in tort doctrine, history, and theory.
Book Synopsis Renmin Chinese Law Review by : Shi, Jichun
Download or read book Renmin Chinese Law Review written by Shi, Jichun and published by Edward Elgar Publishing. This book was released on 2022-07-22 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.
Book Synopsis Legal Medicine by : Shafeek S. Sanbar
Download or read book Legal Medicine written by Shafeek S. Sanbar and published by Elsevier Health Sciences. This book was released on 2007-01-01 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt: Regarded as the citable treatise in the field, "Legal Medicine" explores and illustrates the legal implications of medical practice and the special legal issues arising from managed care. This updated edition features comprehensive discussions on a myriad of legal issues that health care professionals face every day. It includes 20 brand-new chapters that address the hottest topics in the field today and also serves as the syllabus for the Board Review Course of the American Board of Legal Medicine (ABLM).
Book Synopsis Error Reduction and Prevention in Surgical Pathology by : Raouf E. Nakhleh
Download or read book Error Reduction and Prevention in Surgical Pathology written by Raouf E. Nakhleh and published by Springer. This book was released on 2019-07-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1st edition of Error Reduction and Prevention in Surgical Pathology was an opportunity to pull together into one place all the ideas related to errors in surgical pathology and to organize a discipline in error reduction. This 2nd edition is an opportunity to refine this information, to reorganize the book to improve its usability and practicality, and to include topics that were not previously addressed. This book serves as a guide to pathologists to successfully avoid errors and deliver the best diagnosis possible with all relevant information needed to manage patients. The introductory section includes general principles and ideas that are necessary to understand the context of error reduction. In addition to general principles of error reduction and legal and regulatory responsibilities, a chapter on regulatory affairs and payment systems which increasingly may be impacted by error reduction and improvement activities was added. This later chapter is particularly important in view of the implementation of various value-based payment programs, such as the Medicare Merit-Based Incentive Payment System that became law in 2015. The remainder of the book is organized in a similar manor to the 1st edition with chapters devoted to all aspects of the test cycle, including pre-analytic, analytic and post-analytic. The 2nd Edition of Error Reduction and Prevention in Surgical Pathology serves as an essential guide to a successfully managed laboratory and contains all relevant information needed to manage specimens and deliver the best diagnosis.
Book Synopsis Basic Tort Law: Cases, Statutes, and Problems by : Arthur Best
Download or read book Basic Tort Law: Cases, Statutes, and Problems written by Arthur Best and published by Aspen Publishing. This book was released on 2022-01-31 with total page 1341 pages. Available in PDF, EPUB and Kindle. Book excerpt: Basic Tort Law: Cases, Statutes, and Problems: Cases, Statutes, and Problems, Sixth Edition
