International Medical Malpractice Law

International Medical Malpractice Law

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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.The acronyms used follow as closely as possible the Manual of Legal Citations, Part I: The British Isles (London 1959), and Part ... (2nd ed Buffalo, NY, 1985), and Hildebert Kirchnera#39;s Abkiirzungsverzeichnis der Rechtssprache (3rd ed Berlin 1983). ... Useful guidance was also obtained from A Uniform System of Citation (14th ed Cambridge, Mass, 1986, 7th Printing), ... Allgemeincs Burgerliches Gesetzbuch (Austrian Civil Code) A Law Reports, Appeal Cases ( 1891 -) (House of Lords, anbsp;...

Title:International Medical Malpractice Law
Author:Dieter Giesen
Publisher:BRILL - 1988-01-01


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