Author: Ken Oliphant
Publisher: Walter de Gruyter
ISBN: 3110270234
Category : Law
Languages : en
Pages : 592
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Book Description
The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
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: Walter Merkle
Publisher: Springer
ISBN: 3662474077
Category : Medical
Languages : en
Pages : 162
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Book Description
To err is human, yet nobody wants to accept this fact. This is especially true in medicine! This book focuses on how human failures can be avoided in the medical context. Experts from different disciplines discuss the underlying causes of such failures and explain the techniques required to reduce their frequency. The principles of risk management are clearly described and lessons to be drawn from risk management in other sectors, such as aviation, are identified. Detailed consideration is given to all relevant risk management systems and tools, including Crew Resource Management (CRM), Failure Mode and Effects Analysis (FMEA), Critical Incident Reporting System (CIRS), Team Time Out (TTO) and Observational Teamwork Assessment for Surgery (OTAS). International legal experts discuss aspects of law relevant to risk management in medicine in the United States and Europe and careful attention is also paid to economic factors, bearing in mind that risk management saves not only lives but also huge amounts of money. This book will be of value to all individuals, organizations and authorities concerned with effective implementation of risk management in hospitals, including doctors, hospital administrators, insurance companies and government departments.
Author: W. John Elder
Publisher: Springer
ISBN: 1349144991
Category : Medical
Languages : en
Pages : 1003
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Book Description
Medical Selection of Life Risks has long been recognised as the reference book on insurance medicine. The fourth edition provides a comprehensive guide to life expectancy for underwriters and clinicians involved in the life insurance industry. Extensively revised and expanded the 4th edition of Medical Selection of Life Risks reflects developments in life and healthcare insurance as well as medicine. There are completely new chapters: on the underwriting of genetic diseases, disability underwriting, impaired lives annuities, musculoskeletal and soft tissue disorders. Several major chapters have been completely re-written, including respiratory, ischemic and congenital heart diseases and oncology. Part I - deals with the principles of life and disability insurance and the logistics of life underwriting. Part II - is devoted to a systematic clinical appraisal of underwriting problems, mainly relating to life insurance but also, where appropriate, to disability, critical illness and long term care insurance.
Author: R.D.C. Brackenridge
Publisher: Springer
ISBN: 1349566322
Category : Science
Languages : en
Pages : 1085
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Book Description
The fifth edition of this leading reference book on insurance medicine, provides a comprehensive guide to life expectancy for underwriters and clinicians involved in the life insurance industry. Extensively revised and expanded, the new edition reflects developments in life and healthcare insurance as well as medicine.
Author:
Publisher: Odile Jacob
ISBN: 2738179614
Category :
Languages : en
Pages : 661
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Book Description
Author: Simon Taylor
Publisher: Cambridge University Press
ISBN: 1316300935
Category : Law
Languages : en
Pages : 197
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Book Description
In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book Simon Taylor compares English and French law on medical accident liability and redress and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor-patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area.
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:
Publisher:
ISBN:
Category : Medicine
Languages : en
Pages : 1250
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Book Description
Author: Christa Altenstetter
Publisher: Routledge
ISBN: 1351506285
Category : Medical
Languages : en
Pages : 277
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Book Description
Medical devices are the bread and butter from which health care and clinical research are derived. Such devices are used for patient care, genetic testing, clinical trials, and experimental clinical investigations. Without medical devices, there is no clinical research or patient care. Without life-adjusting devices, there are no medical procedures or surgery. Without life-saving and life-maintaining devices, there is no improvement in well-being and quality of life. Without innovative medical devices and experimentation, there can be no medical progress or patient safety. Medical devices and medical technology are used to create or support many different products and medical-surgical procedures. This volume on the regulation of medical devices in the European Union, with a focus on France, tackles a topic of interdisciplinary interest and significance for policymakers in countries around the globe. The EU regulatory regime is one of three global regional regimes, and medical products manufactured in EU countries are sold worldwide. As countries confront an aging population on a global scale, with associated increases in chronic diseases, physical handicaps, and multi-morbidity, there will inevitably be an increase in the demand for health services and, concomitantly, the use of medical devices in medical and surgical procedures. This will be the case regardless of whether services are delivered in hospitals, doctors' offices, or at home. The associated risks of a particular device will be the same whatever the country of origin for the device, or where the need occurs. Revolutionary medical advances increase diagnostic capabilities, but they increase the potential of harm and risks to patients. Medical technologies and devices are used ethically most of the time; yet they have the potential for unethical use when scientific medicine is elevated over human life and death. Assumptions that are taken for granted can be dangerous to a patient's health. That is why our understanding of appropriate and effective regulation of medical devices is significant to all people on all continents.
