Author: Joseph Wayne Smith
Release Date: 2013
A study on how to properly implement medical malpractice law and tort reform, without passing new laws, but putting the responsibility back in the hands of the people. It analyzes the limits of tort law; the problems with Australian law on the negligent failure to disclose medical risks and the merits of no-fault compensation schemes.
Author: Marilynn M Rosenthal
Release Date: 2002-06-24
The information contained in Medical Error includes contributions from experts in the field who offer a comprehensive and constructive review of medical mishaps. The book provides a useful reference for students and practitioners who must examine and assess the critical area of patient safety. Throughout Medical Error the authors stress the critical need for accountability and transparency and address a number of compelling questions: Where are we mired in outdated approaches? Where have we misinterpreted data? Where are we getting new insights? Where do we dare to be innovative? This helpful resource will prove to be a valuable tool for health care professionals who strive to improve care for all their patients.
Author: Vivienne Harpwood
Publisher: Taylor & Francis
Release Date: 2007
Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author: identifies and analyzes the growing pressures on doctors in modern society, placing their role in context explores some of the myths surrounding media claims about malpractice considers the practice of 'defensive medicine' and the difference between defensive practices and sensible risk management examines external pressures, such as political interference with clinical practice in the form of target-setting and what might be described as a culture of creeping privatization of healthcare. Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.
Author: Matthew Syed
Publisher: Deutscher Taschenbuch Verlag
Release Date: 2016-11-11
Analysieren statt vertuschen Menschen, die gezielt aus Fehlern lernen, anstatt sie zu vertuschen oder anderen in die Schuhe zu schieben, nennt Matthew Syed Black-Box-Denker. Dazu sind jedoch nur wenige in der Lage. Auch in vielen Unternehmen geht man mit Misserfolgen nicht offen und ohne Schuldzuweisungen um. Syed bietet aufschlussreiche Analysen für dieses Verhalten. Zu welchen Erfolgen hingegen ein offensiver Umgang mit Fehlern führen kann, zeigt Syed anhand konkreter Beispiele, aus der Welt des Sports oder von erfolgreichen Unternehmen wie Google, Pixar oder Dropbox.
Author: Irehobhude O. Iyioha
Release Date: 2016-05-23
Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ’Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.
Author: Thomas Koenig
Publisher: NYU Press
Release Date: 2001-08-01
Late night comedians and journalists eagerly seized upon the case of an elderly woman who sued McDonald’s when she spilled hot coffee in her lap as a prime example of frivolous litigation. But as Rustad and Koenig argue, cases such as these are an incomplete and misleading characterization of tort law. Corporations have successfully waged a public relations battle to create the impression that most lawsuits are spurious, when in fact the opposite is true: tort law plays a crucial role in protecting consumers from dangerous and sometimes life-threatening hazards. Without legal remedies, corporations would suffer no penalty for choosing profits over public health and safely. In Defense of Tort Law is the first book to systematically examine the social, legal and policy dimensions of the tort reform debate. This insightful analysis of solid empirical data looks beyond popular myths about frivolous lawsuits, and tackles a variety of contentious issues: Should punitive damages be capped? Who is favored by tort law? Who loses, and why? Koenig and Rustad’s detailed case study analysis also reveals disturbing gender inequities in a legal system that is largely dominated by men. Because women are disproportionately injured by medical products, impermissible HMO cost cutting, medical malpractice and sexual exploitation, restrictions on the rights to recovery in these fields inevitably creates gender injustice. Engaging and up to date, In Defense of Tort Law also identifies aspects of the current law that require further elaboration, including the need for measures to combat cybercrime against consumers.
The International Journal of Indian Psychology (ISSN 2348-5396) is an academic journal that examines the intersection of psychology, home sciences, and education. IJIP is published quarterly and is available in electronic versions. Our expedited review process allows for a thorough analysis by expert peer-reviewers within a time line that is much more favorable than many other academic publications.
Author: Richard E. Shandell
Publisher: Law Journal Press
Release Date: 2018-09-28
The Preparation and Trial of Medical Malpractice Cases treats a case as a continuous process, from interviewing the client to closing argument. It offers comprehensive coverage of the questions surrounding health maintenance organizations, including case law on the right to sue an HMO as well as its participating physicians. You'll find discussion of: how to recognize a meritorious case; the doctrine of alternative liability; the evidentiary value of FDA approval or non-approval; the continuing treatment doctrine; state statutes regarding motion practice; malpractice liability of alternative medical practitioners; the admissibility of evidence comparing physicians' risk statistics to those of other physicians; use of expert testimony to establish res ipsa loquitur in negligence; the modified standard of proximate cause when a physician's negligence exacerbates a patient's existing condition; violation of the duty to disclose information; contributory negligence in informed consent; distinguishing between medical malpractice and ordinary negligence; liability of nurses; and more. Appendices demonstrate how to analyze a medical brief, depose and examine the defendant physician, and elicit testimony from your own expert witness. Also included are a sample Bill of Particulars, a sample jury charge and a list of Web sites to assist your medical research.
Author: Frederick M. Barken
Publisher: Cornell University Press
Release Date: 2011-03-03
Primary care medicine, as we know and remember it, is in crisis. While policymakers, government administrators, and the health insurance industry pay lip service to the personal relationship between physician and patient, dissatisfaction and disaffection run rampant among primary care doctors, and medical students steer clear in order to pursue more lucrative specialties. Patients feel helpless, well aware that they are losing a valued close connection as health care steadily becomes more transactional than relational. The thin-margin efficiency, rapid pace, and high volume demanded by the new health care economics do not work for primary care, an inherently slower, more personal, and uniquely tailored service. In Out of Practice, Dr. Frederick Barken juxtaposes his personal experience with the latest research on the transformations in the medical field. He offers a cool critique of the "market model of medicine" while vividly illustrating how the seemingly inexorable trend toward specialization in the last few decades has shifted emphasis away from what was once the foundation of medical practice. Dr. Barken addresses the complexities of modern practice-overuse of diagnostic studies, fragmentation of care, increasing reliance on an array of prescription drugs, and the practice of defensive medicine. He shows how changes in medicine, the family, and society have left physicians to deal with a wide range of geriatric issues, from limited mobility to dementia, that are not addressed by health care policy and are not entirely amenable to a physician's prescription. Indeed, Dr. Barken contends, the very survival of primary care is in jeopardy at a time when its practitioners are needed more than ever. Illustrated with case studies gleaned from more than twenty years in private practice and data from a wide range of sources, Out of Practice is more than a jeremiad about a broken system. Throughout, Dr. Barken offers cogent suggestions for policymakers and practitioners alike, making clear that as valuable as the latest drug or medical device may be, a successful health care system depends just as much on the doctor-patient relationship embodied by primary care medicine.