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Author: Erwin Deutsch
Publisher: Springer Science & Business Media
ISBN: 3642704492
Category : Law
Languages : en
Pages : 850
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Book Description
With contributions by numerous experts
Author: Erwin Deutsch
Publisher: Springer Science & Business Media
ISBN: 3642704492
Category : Law
Languages : en
Pages : 850
Get Book Here
Book Description
With contributions by numerous experts
Author: Carlo Maria Masieri
Publisher: Taylor & Francis
ISBN: 1040096980
Category : Law
Languages : en
Pages : 85
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Book Description
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to regulate medical malpractice. In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future. This work may interest legal scholars, healthcare providers, insurers and policymakers.
Author:
Publisher:
ISBN:
Category : Medicine
Languages : en
Pages : 736
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Author: Édouard Guyot
Publisher:
ISBN:
Category : Great Britain
Languages : en
Pages : 582
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Author: Jaroslav Nemec
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 242
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Book Description
1615 annotated references, most of which are located in the National Library of Medicine. Covers monographic literature (also chapters and parts), journal articles, and dissertations. Entries cover 26 languages and date from 16th century to present. Most titles are given in the original language. Alphabetical arrangement by authors. Subject index.
Author: Andrée Mizrahi
Publisher: Elsevier
ISBN: 1483158128
Category : Social Science
Languages : en
Pages : 193
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Book Description
Socio-Économie de la Santé
Author: Mélinée Kazarian
Publisher: Routledge
ISBN: 1351582305
Category : Law
Languages : en
Pages : 230
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Book Description
The criminalisation of healthcare malpractice has become a highly topical and somewhat controversial question in recent years. Studies have demonstrated that in England and Wales, the trend towards holding healthcare professionals to account for malpractice is rapidly growing, abolishing the deference doctors enjoyed decades ago. The changing attitude of judges to claims for clinical negligence has been well documented. The role of the criminal process in England and Wales has been less fully analysed with the criminal law playing a very limited role until recently in the regulation of poor healthcare practice. In contrast, in France, the criminal process has for a long time been invoked more readily to respond to cases of healthcare malpractice, which involved even mere errors. This book compares English and French criminal law responses to healthcare malpractice and considers what lessons the French model can provide for potential reform in England and elsewhere. The book takes the HIV-contaminated blood episode as a primary example of the different approaches France and England have in dealing with healthcare malpractice. Kazarian emphasises the impact of rules of substantive criminal law and criminal procedure on the way in which healthcare malpractice is criminalised in a given country. This book explores the key lessons to be drawn on whether the criminal process is an appropriate means to respond to instances of healthcare malpractice. It proposes that features of French criminal law and criminal procedure might be useful to counteract healthcare malpractice.
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 766
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Book Description
Author: David N. Weisstub
Publisher:
ISBN:
Category : Forensic psychiatry
Languages : en
Pages : 312
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Author:
Publisher:
ISBN:
Category : Internal medicine
Languages : en
Pages : 356
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Book Description
