Malpractice and Medical Liability

Author: Santo Davide Ferrara
Publisher: Springer Science & Business Media
ISBN: 3642358314
Format: PDF, ePub, Docs
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Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.​

P5 Medicine and Justice

Author: Santo Davide Ferrara
Publisher: Springer
ISBN: 3319670921
Format: PDF
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This book describes the state of the art and future prospects of the most important bio-medicolegal subdisciplines in the post-genomic framework of personalized medicine. Focusing on the three main themes Innovation, Unitariness and Evidence, the book addresses a wide range of topics, including: Bio-Medicolegal and Criminological Sciences, Forensic Pathology and Anthropology, Clinical and Forensic Medicine in Living Persons (from Interpersonal Violence to Personal Injury and Damage, Malpractice, Personal Identification and Age Estimation), Forensic Genetics and Genomics, and Toxicology and Imaging. The unitariness of the “Bio-Medicolegal Sciences”, historically founded on the accuracy and rigor of the methods of ascertainment and criteria of evaluation, should be re-established on the basis of molecular evidence, and used to promote Personalized Justice. Taken together, the book’s conclusions and future perspectives outline a vision of transdisciplinary innovation and future evidence in the framework of personalized justice.

Personal Injury and Damage Ascertainment under Civil Law

Author: Santo Davide Ferrara
Publisher: Springer
ISBN: 3319298127
Format: PDF, Kindle
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This volume serves to provide an international overview of personal injury compensation in different geographical areas (15 countries already included), with a special focus on the methods used to ascertain the injury and the related damages. It also goes on to clarify the logical and methodological steps required for a sequential, in-depth ascertainment of any traumatic event and the related personal damage, both pecuniary and non-pecuniary. Personal injury is a legal term for an injury to the body, mind or emotions suffered by the plaintiff under tort and/or civil law regulations. Damages related to the injury can be pecuniary or non-pecuniary in nature. Although several comparative studies and research projects on tort and civil law and personal injury claims aimed at developing new tools for promoting harmonization of private law have been performed at an international level, heterogeneity and divergences still exist in the definition and compensation of personal injury and damage across different national legislative systems. The starting point for any awarding procedure should be a medical, or rather a medico-legal, assessment to gain evidence on the trauma or event causing the injury, the mechanism of injury, the pre-existing health status of the injured party, and the health consequences of the injury (temporary and permanent impairment, work incapacity, etc.). In order to pursue the ultimate goal of an international harmonization of personal injury compensation, it is of upmost importance to define the quality requirements for the medico-legal ascertainment methodology, which are essential for guaranteeing the objectivity, rigor, and reproducibility of the data and the evidence collection procedure. Currently, there are no supra-national medico-legal guidelines dealing with the ascertainment methodology of personal injury and damage under tort and civil law.

Malpractice and Medical Liability

Author: Santo Davide Ferrara
Publisher: Springer
ISBN: 9783642442414
Format: PDF, ePub, Mobi
Download Now
Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.​

Medical Liability in Europe

Author: Bernhard A. Koch
Publisher: Walter de Gruyter
ISBN: 3110260107
Format: PDF, Docs
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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 reports authored by renowned experts from each legal system. In addition to providing a theoretical survey of key issues, contributors analyzed six hypotheticals based on actual cases, thereby also providing practical guidance on major aspects of liability claims.

Cross border Health Care in the European Union

Author: Matthias Wismar
Publisher:
ISBN: 9789289002219
Format: PDF, Kindle
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Cross-border health care has become a much more prominent phenomenon in the European Union. When in need of medical treatment, patients increasingly act as informed consumers who claim the right to choose their own providers, including those beyond borders. This book explores such trends and also looks at the legal framework for cross-border care as well as examining some of the uncertainties surrounding it. After the adoption of the Directive on the application of patient rights in cross-border care, Member States will now have to start implementing these provisions. One of the challenges will be to see how various national practices related to access, benefits and tariffs, quality and safety, patient rights, cooperation etc. will be affected by these new rules. The information and analysis presented in the study can be of considerable use to policy-makers and those with an interest in key aspects of cross-border health care to accompany or follow this process.

Uncertain Causation in Medical Liability

Author: Lara Khoury
Publisher: Bloomsbury Publishing
ISBN: 184731273X
Format: PDF, ePub, Mobi
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'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.

ReNEUAL Model Rules on EU Administrative Procedure

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0198795300
Format: PDF
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This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

Architect s Legal Handbook

Author: Anthony Speaight
Publisher: Routledge
ISBN: 1136445331
Format: PDF, Kindle
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Architect's Legal Handbook is the most widely used reference on the law for architects in practice, and the established leading textbook on law for architectural students. The ninth edition includes all the latest development in the law that affect an architect’s work, and comprehensive coverage of relevant UK law topics. Most significantly, the chapter on the JCT contracts has been completely revised to cover the 2005 update. Contributions by the foremost legal and architectural experts in the UK Full coverage of the JCT 2005 update New chapter on procurement Selected bibliography provides useful references to further reading Tables of Cases, Statutes and Statutory Instruments provide full referencing for cited cases Architect’s Legal Handbook is the essential legal reference work for all architects and students of architecture.