The Development of Medical Liability in Germany, 1800-1945 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Development of Medical Liability in Germany, 1800-1945 PDF full book. Access full book title The Development of Medical Liability in Germany, 1800-1945 by Colm Peter McGrath. Download full books in PDF and EPUB format.
Author: Colm Peter McGrath
Publisher:
ISBN: 9783465043676
Category : Law
Languages : en
Pages : 262
Get Book Here
Book Description
This volume examines the development of medical liability in Germany during its intense formative period from 1800-1945. It focuses on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, it uncovers a rich interaction between the legal and medical narratives concerning fault. It offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, the broader social context, identifying a gradual shift towards asserting courts' independence from the medical narrative medical technological advances.
Author: Colm Peter McGrath
Publisher:
ISBN: 9783465043676
Category : Law
Languages : en
Pages : 262
Get Book Here
Book Description
This volume examines the development of medical liability in Germany during its intense formative period from 1800-1945. It focuses on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, it uncovers a rich interaction between the legal and medical narratives concerning fault. It offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, the broader social context, identifying a gradual shift towards asserting courts' independence from the medical narrative medical technological advances.
Author: Carlo Maria Masieri
Publisher: Taylor & Francis
ISBN: 1040096980
Category : Law
Languages : en
Pages : 85
Get Book Here
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: Sophie Turenne
Publisher: Cambridge University Press
ISBN: 1009246348
Category : Law
Languages : en
Pages : 307
Get Book Here
Book Description
In honour of the work and writings of Professor John Bell, leading scholars present essays on factors affecting the course of 'legal development' in common law and Civilian systems. The reasons and context for legal development in a comparative perspective embrace the law both in action and in the books, legal institutions, legal cultures, and the extra-legal environment. Offering an accessible pathway into understanding comparative law, the collection introduces the core features of understanding foreign legal systems. With a range of illustrative case studies, the essays explore topical problems and debates in tort, contract, legal history, and judicial studies. In a tribute to one of the defining legal scholars of our time, this volume draws a rich, nuanced picture of the object of comparative legal research, and indicates new and exciting avenues for further research.
Author: Ernst Karner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111377776
Category : Law
Languages : en
Pages : 819
Get Book Here
Book Description
The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
Author: Ernst Karner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111241688
Category : Law
Languages : en
Pages : 814
Get Book Here
Book Description
Author: Mauro Bussani
Publisher: Oxford University Press
ISBN: 019536838X
Category : Law
Languages : en
Pages : 297
Get Book Here
Book Description
The place of tort law -- Negligence (and strict liability) -- Recovery for physical harms : the case of medical malpractice -- Non-economic damage and primary victims -- Recovery of secondary victims for economic harm and emotional distress -- Compensation for pure economic loss -- Causation -- Products liability.
Author: Geoffrey Cocks
Publisher: Oxford University Press, USA
ISBN: 0195055969
Category : Business & Economics
Languages : en
Pages : 351
Get Book Here
Book Description
A comprehensive view of 19th-century German history is described in this study of the professions, from law and medicine to engineering, social work and psychology, as well as the special cases of the civil service and the military.
Author: Roland Naul
Publisher: Psychology Press
ISBN: 9780419245407
Category : Education
Languages : en
Pages : 260
Get Book Here
Book Description
This unique and comprehensive collection brings together material from leading German scholars to examine the role of sport and PE in Germany from a range of historical and contemporary perspectives.
Author: Hartmut Berghoff
Publisher: Berghahn Books
ISBN: 1789200296
Category : History
Languages : en
Pages : 334
Get Book Here
Book Description
Traditionally, Germany has been considered a minor player in Pacific history: its presence there was more limited than that of other European nations, and whereas its European rivals established themselves as imperial forces beginning in the early modern era, Germany did not seriously pursue colonialism until the nineteenth century. Yet thanks to recent advances in the field emphasizing transoceanic networks and cultural encounters, it is now possible to develop a more nuanced understanding of the history of Germans in the Pacific. The studies gathered here offer fascinating research into German missionary, commercial, scientific, and imperial activity against the backdrop of the Pacific’s overlapping cultural circuits and complex oceanic transits.
Author:
Publisher:
ISBN:
Category : History, Modern
Languages : en
Pages : 938
Get Book Here
Book Description
