The Law Of Medical Negligence In England And Germany

Author : Marc Stauch
Publisher : Bloomsbury Publishing
ISBN 13 : 184731452X
Total Pages : 206 pages
Book Rating : 4.29/5 ( download)

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Download or read book The Law of Medical Negligence in England and Germany written by Marc Stauch and published by Bloomsbury Publishing. This book was released on 2008-08-29 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Dieter Giesen
Publisher : BRILL
ISBN 13 : 9783166453224
Total Pages : 992 pages
Book Rating : 4.29/5 ( download)

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Download or read book International Medical Malpractice Law written by Dieter Giesen and published by BRILL. This book was released on 1988-01-01 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : John Tingle
Publisher : Taylor & Francis
ISBN 13 : 1136824405
Total Pages : 265 pages
Book Rating : 4.01/5 ( download)

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Download or read book Patient Safety, Law Policy and Practice written by John Tingle and published by Taylor & Francis. This book was released on 2011-03-02 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapters in this book explore the patient safety managerial structures that exist in countries where there are developed patient safety infrastructures and cultures. The legal structures of these countries are explored and related to major in-country patient safety issues in order to draw comparisons and conclusions on patient safety.

Author : Basil S Markesinis
Publisher : Bloomsbury Publishing
ISBN 13 : 1509933212
Total Pages : 728 pages
Book Rating : 4.11/5 ( download)

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Download or read book Markesinis's German Law of Torts written by Basil S Markesinis and published by Bloomsbury Publishing. This book was released on 2019-10-03 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its first appearance in 1986, this magisterial work has won uniform praise from many of the world's leading comparatists. It has been acclaimed by senior judges and has been cited by the courts of many countries. This new, substantially rewritten and systematically updated fifth edition of the work, contains over 95 leading judgments, most translated in their entirety, along with references to over 2,000 other decisions from Germany and the common law world. While the book remains an ideal tool for teaching comparative torts and comparative methodology, the fact that it has been extensively rewritten makes it an indispensable source of inspiration for those with a professional interest in tort litigation and tort law reform. This edition has paid particular attention to liability for internet activity, medical liability and the protection of personality rights and private life.

Author : Basil S Markesinis
Publisher : Hart Publishing
ISBN 13 : 1841132977
Total Pages : 1127 pages
Book Rating : 4.76/5 ( download)

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Download or read book The German Law of Torts written by Basil S Markesinis and published by Hart Publishing. This book was released on 2002-06-10 with total page 1127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition has been extensively rewritten and enlarged and is an ideal tool for those interested in comparative torts and comparative methodology.

Author : Ash Samanta
Publisher : Oxford University Press, USA
ISBN 13 : 0199689555
Total Pages : 215 pages
Book Rating : 4.52/5 ( download)

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Download or read book Medical Law Concentrate written by Ash Samanta and published by Oxford University Press, USA. This book was released on 2014 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Medical Law Concentrate is the essential study and revision guide for law students looking to consolidate knowledge and achieve the best possible marks in their exams. Providing clear, succinct coverage of the essential topics, it enables you to quickly grasp the fundamental principles of this area of law and excel in exams.

Author : Simon Taylor
Publisher : Cambridge University Press
ISBN 13 : 1316300935
Total Pages : 197 pages
Book Rating : 4.30/5 ( download)

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Download or read book Medical Accident Liability and Redress in English and French Law written by Simon Taylor and published by Cambridge University Press. This book was released on 2015-06-11 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ken Oliphant
Publisher : Walter de Gruyter
ISBN 13 : 3110270234
Total Pages : 592 pages
Book Rating : 4.35/5 ( download)

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Download or read book Medical Malpractice and Compensation in Global Perspective written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2013-10-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Marc Stauch
Publisher : Routledge
ISBN 13 : 1351546902
Total Pages : 864 pages
Book Rating : 4.04/5 ( download)

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Download or read book "Text, Cases & Materials on Medical Law " written by Marc Stauch and published by Routledge. This book was released on 2017-07-05 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lucid and logical in structure, this new edition, previously entitled Sourcebook on Medical Law draws together a wide range of essential material, including extracts from statutes, cases and academic commentary from medical law; an area which is fast becoming an important part of undergraduate syllabuses.Fully updated to take account of recent developments in this dynamic area of law, it examines two major pieces of legislation: the Mental Capacity Act 2005 and the Human Tissue Act 2004 as well as a significant amount of new case law, including the House of Lords decisions in Chester v Afshar and Gregg v Scott and the Court of Appeal decision in R (on the application of Burke) v GMC and others.Divided into two parts, it covers:the general principles that permeate medical law, exploring illness and the ethics of care and healthcare in England and Wales and consent to treatment, confidentiality and medical malpracticeissues which arise in relation to specific areas of medical treatment, including infertility treatment and surrogacy, pregnancy and abortion, treating the incompetent, the mentally ill, medical research, organ transplants and euthanasia. This textbook is an invaluable reference tool for all those studying medical law as well as those studying medicine.

Author : Dieter Giesen
Publisher :
ISBN 13 :
Total Pages : 576 pages
Book Rating : 4.06/5 ( download)

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Download or read book Arzthaftungsrecht written by Dieter Giesen and published by . This book was released on 1981 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: