Uncertain Causation in Medical Liability PDF Download
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Author: Lara Khoury
Publisher: Bloomsbury Publishing
ISBN: 184731273X
Category : Law
Languages : en
Pages : 304
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Book Description
'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.
Author: Lara Khoury
Publisher: Bloomsbury Publishing
ISBN: 184731273X
Category : Law
Languages : en
Pages : 304
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Book Description
'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.
Author: Miquel MartÃn-Casals
Publisher: Cambridge University Press
ISBN: 1316425487
Category : Law
Languages : en
Pages : 351
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Book Description
This discussion of causal uncertainty in tort liability adopts a comparative approach in order to highlight the important normative, epistemological and procedural implications of the various proposed solutions. Occupying a middle ground between the legal perspective and the philosophical views that are at stake when it comes to the resolution of tort law cases in a context of causal uncertainty, the arguments will be of great interest to legal scholars, legal philosophers and advanced tort law students.
Author: Marta Infantino
Publisher: Cambridge University Press
ISBN: 1108418368
Category : Law
Languages : en
Pages : 785
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Book Description
This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.
Author: Ariel Porat
Publisher: Oxford University Press, USA
ISBN: 9780198267973
Category : Law
Languages : en
Pages : 236
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Book Description
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.
Author: Lara Khoury
Publisher:
ISBN: 9781472559920
Category : Electronic books
Languages : en
Pages : 270
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Book Description
'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation t.
Author: Sandy Steel
Publisher: Cambridge University Press
ISBN: 1107049105
Category : Law
Languages : en
Pages : 461
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Book Description
A clear, critical analysis of proof of causation in the law of tort in England, France and Germany.
Author: Gemma Turton
Publisher: Bloomsbury Publishing
ISBN: 1509900330
Category : Law
Languages : en
Pages : 442
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Book Description
This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
Author:
Publisher:
ISBN:
Category : Defensive medicine
Languages : en
Pages : 192
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Book Description
Author: Bernhard A. Koch
Publisher: Walter de Gruyter
ISBN: 3110260107
Category : Law
Languages : en
Pages : 749
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Book Description
Ten years after the first ECTIL project in this field, liability for medical malpractice is still a hot topic throughout Europe and it continues to expand and develop. This study compares thirteen European jurisdictions on the basis of country repor
Author: Danuta Mendelson
Publisher: Routledge
ISBN: 1351953028
Category : Law
Languages : en
Pages : 478
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Book Description
Causation is an issue that is fundamental in both law and medicine, as well as the interface between the two disciplines. It is vital for the resolution of a great many disputes in court concerning personal injuries, medical negligence, criminal law and coronial issues, as well as in the provision of both diagnoses and treatment in medicine. This book offers a vital analysis of issues such as causation in law and medicine, issues of causal responsibility, agency and harm in criminal law, causation in forensic medicine, scientific and statistical approaches to causation, proof of cause, influence and effect, and causal responsibility in tort law. Including contributions from a number of distinguished doctors, lawyers and scientists, it will be of great interest and value to academics and practitioners alike.
