Author: Dieter Giesen
Publisher: Martinus Nijhoff Publishers
Release Date: 1988-09-08
This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems. The work describes principles and trends, not by confronting the reader with 'national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient. References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.
Author: Ken Oliphant
Publisher: Walter de Gruyter
Release Date: 2013-10-29
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. Drawing from a wide range of legal systems this study seeks to uncover the underlying similarities and contrasts between the many different approaches taken to the problems of medical malpractice and compensation for medical injuries.
Publisher: Kluwer Law International
Release Date: 2011
Genre: Medical laws and legislation
Now also available as eBook Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in South Africa. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in South Africa will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Malaysia. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Malaysia will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.
Author: Kenneth De Ville
Publisher: NYU Press
Release Date: 1992-04-01
Highly readable . . . . interdisciplinary history of a high order. -- The Historian Well-written and superbly documented . . . . Both physicians and lawyers will find this book useful and fascinating. -- Journal of the American Medical Association This is the first book-length historical study of medical malpractice in 19th-century America and it is exceedingly well done . . . . The author reveals that, beginning in the 1840s, Americans began to initiate malpractice lawsuits against their physicians and surgeons. Among the reasons for this development were the decline in the belief in divine providence, increased competition between physicians and medical sects, and advances in medical science that led to unrealistically high expectations of the ability of physicians to cure . . . . This book is well written, often entertaining and witty, and is historically accurate, based on the best secondary, as well as primary sources from the time period. Highly recommended. -- Choice Adept at not only traditional historical research but also cultural studies, the author treats the reader to an intriguing discussion of how 19th-century Americans came truly to see their bodies differently . . . . a sophisticated new standard in the field of malpractice history. -- The Journal of the Early Republic By far the best compilation and analysis of early medical malpractice cases I have seen . . . . this excellently crafted study is bound to be of interest to a large number of readers. -- James C. Mohr, author of Abortion in America: The Origins and Evolution of a National Policy
Author: Marc Stauch
Publisher: Bloomsbury Publishing
Release Date: 2008-08-29
This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way. The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that the respective treatments in each country of a given matter, eg the standard of care owed by medical practitioners, are discussed side-by-side. The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other. What is of particular interest is how, notwithstanding their common starting point in terms of the application of the fault-principle under private law, the detailed rules in the two countries differ markedly. This is true both in the divergent way that claims are structured and argued, and also quite often as regards their substantive outcome. It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.
Author: Margaret Brazier
Publisher: Oxford University Press
Release Date: 2016-10-07
Embryo research, cloning, assisted conception, neonatal care, savior siblings, organ transplants, drug trials modern developments have transformed the field of medicine almost beyond recognition in recent decades and the law struggles to keep up. At the same time legal claims against doctors and the NHS has grown and doctors feel under siege. In this highly acclaimed and very accessible book, Margaret Brazier and Emma Cave provide an incisive survey of the legal situation in areas as diverse as fertility treatment, surrogacy, patient consent, euthanasia and the definition of death, malpractice and medical privacy. The sixth edition of this book has been fully revised and updated to cover; Over 50 new cases, including the latest cases on assisted dying, court-authorised sterilisation, treatment without consent and confidentiality; Full analysis of recent Supreme Court decisions on informed consent (Montgomery v Lanarkshire , assisted dying (R (Nicklinson and Lamb) v Ministry of Justice ), conscientious objection (Doogan v Greater Glasgow Health Board and deprivation of liberty (Cheshire West ); New national and EU legislation on healthcare research, organ donation and data protection; Recent guidance and reports such as the General Medical Council's Good Medical Practice (2013), the Francis Inquiry report (2013) and Select Committee Reports on mental capacity; Analysis of reforms of the NHS, the duty of candour, legal aid and professional regulation; Technological advances such as assisted conception, cloning and human tissue and the regulatory response; Doomed and ongoing legislative reform proposals including those on assisted dying, NHS redress and medical innovation. Essential reading for healthcare professionals, lecturers, medical and law students, this book is of relevance to all whose perusal of the daily news causes wonder, hope and consternation at the advances and limitations of medicine and the law and the impact on patients.
Author: Kim Price
Publisher: Bloomsbury Publishing
Release Date: 2015-02-26
Medical Negligence in Victorian Britain is the first detailed exploration of the hundreds of charges of neglect against doctors who were contracted to the 'new' poor law after the Poor Law Amendment Act of 1834. The author moves beyond the hyperbole of Victorian public 'scandal' to use medical negligence as a prism through which to view hidden aspects of poor law doctors and their patients. This provides a uniquely grounded perspective, from the day-to-day experience of medical practice ? for both doctor and patient ? to the context of the medico-political, socio-legal and cultural processes that underpinned the social construction of negligence at this time. The result is a clearly enunciated description of what negligence meant to the Victorians and how they sought to define and deal with negligent care, moving the topic from the sidelines of English welfare history to the centre-stage role it played in Victorian society. Thematically and chronologically arranged in two parts, the book uses extensive new archival material with a particular focus on the official inquiries into neglect conducted by poor law inspectors. It offers a fresh perspective on the poor laws that has repercussions for wider histories of welfare, medicine and legal medicine.
Author: Tom Baker
Release Date: 2011-03-01
Genre: Actions and defenses
n January 2005, President Bush declared the medical malpractice liability system ''out of control.''the president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture ''the medical malpractice myth'' with a talent for reasoned argument and incisiveness. He counters that the real problem is ''too much medical malpractice, not too much litigation,'' and that the cost of malpractice is lost lives and the ''pain and suffering of tens of thousands of people every year'' - most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates.
Author: Michael A. Jones
Release Date: 2003
Genre: Medical laws and legislation
This title provides an authoritative commentary on all aspects of the law of medical negligence, and has been acclaimed for practitioners in the area. A high level text, it analyzes jurisprudence and case law in detail, identifying the legal principles at work with precision and clarity.
Author: I. Glenn Cohen
Publisher: Oxford University Press, USA
Release Date: 2014-10-27
Focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance and the effects of this trade on foreign health care systems.
Encyclopedia of Forensic and Legal Medicine, Volumes 1-4, Second Edition is a pioneering four volume encyclopedia compiled by an international team of forensic specialists who explore the relationship between law, medicine, and science in the study of forensics. This important work includes over three hundred state-of-the-art chapters, with articles covering crime-solving techniques such as autopsies, ballistics, fingerprinting, hair and fiber analysis, and the sophisticated procedures associated with terrorism investigations, forensic chemistry, DNA, and immunoassays. Available online, and in four printed volumes, the encyclopedia is an essential reference for any practitioner in a forensic, medical, healthcare, legal, judicial, or investigative field looking for easily accessible and authoritative overviews on a wide range of topics. Chapters have been arranged in alphabetical order, and are written in a clear-and-concise manner, with definitions provided in the case of obscure terms and information supplemented with pictures, tables, and diagrams. Each topic includes cross-referencing to related articles and case studies where further explanation is required, along with references to external sources for further reading. Brings together all appropriate aspects of forensic medicine and legal medicine Contains color figures, sample forms, and other materials that the reader can adapt for their own practice Also available in an on-line version which provides numerous additional reference and research tools, additional multimedia, and powerful search functions Each topic includes cross-referencing to related articles and case studies where further explanation is required, along with references to external sources for further reading