Download or read book An Introduction to Tort based Healthcare Litigation written by Caldwell G. Collins and published by ABA. This book was released on 2021 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An Introduction to tort-based health care litigation in collaboration with Health Law Committee of the American Bar Association's Section of Litigation"--
Download or read book An Introduction to Tort based Healthcare Litigation written by Caldwell G. Collins and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "An Introduction to tort-based health care litigation in collaboration with Health Law Committee of the American Bar Association's Section of Litigation"--
Download or read book Medical Malpractice Litigation written by Bernard S. Black and published by Cato Institute. This book was released on 2021-04-27 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime." —Nicholas Bagley, professor of law, University of Michigan Law School "Synthesizing decades of their own and others’ research on medical liability, the authors unravel what we know and don’t know about our medical malpractice system, why neither patients nor doctors are being rightly served, and what economics can teach us about the path forward." —Anupam B. Jena, Harvard Medical School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. Medical Malpractice Litigation provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system.
Download or read book European Intermediary Liability in Copyright A Tort Based Analysis written by Christina Angelopoulos and published by Kluwer Law International B.V.. This book was released on 2016-09-15 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: In step with its rapid progress to the centre of modern social, political, and economic life, the internet has proven a convenient vehicle for the commission of unprecedented levels of copyright infringement. Given the virtually insurmountable obstacles to successful pursuit of actual perpetrators, it has become common for intermediaries –providers of internet-related infrastructure and services – to face liability as accessories. Despite advances in policy at the European level, the law in this area remains far from consistently applicable. This is the first book to locate and clarify the substantive rules of European intermediary accessory liability in copyright and to formulate harmonised European norms to govern this complicated topic. With a detailed comparative analysis of relevant regimes in three major Member State jurisdictions – England, France, and Germany – the author elucidates the relationship between these rules and the demands of EU law on fundamental rights and the principles of European tort law. She clearly presents the interrelations between such areas as the following: - accessory liability in tort; - joint tortfeasance; - European fault-based liability: fault, causation, defences; - negligence; - negligence balancing: rights-based or utility-based?; - Germany’s “disturbance liability” (Störerhaftung); - fair balance in human rights; - end-users’ fundamental rights; - The European Commission’s 2015 Communication on a Digital Single Market Strategy for Europe; - The E-Commerce Directive and other relevant provisions; - Safe harbours: mere conduit, caching, hosting; - Intermediary actions: monitoring, filtering, blocking, removal of infringing content; and - application of remedies: damages and injunctions. The strong points of each national system are highlighted, as are the commonalities between them, and the author uses these to build a proposed harmonised European framework for intermediary liability for copyright infringement. She concludes with suggestions for the future possible integration of the proposed framework into EU law. The issue of the liability of internet intermediaries for third party copyright infringement has entered into the political agenda across the globe, giving rise to one of the most complex, contentious, and fascinating debates in modern copyright law. This book offers an opportunity for a re-conceptualisation and rationalisation of the applicable law, in a way which additionally better accounts for the cross-border nature of the internet. It will be of inestimable value to many interested parties – lawyers, internet intermediaries, NGOs, policymakers, universities, libraries, researchers, lobbyists – in matters regarding the information society.
Download or read book Legal Aspects of Health Care Administration written by George D. Pozgar and published by Jones & Bartlett Learning. This book was released on 2022-05-11 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most trusted resources on health care law, Legal Aspects of Health Care Administration will be available in a new Fourteenth Edition this spring. An ideal introduction to to the legal and ethical issues in the healthcare workplace, this authoritative guide explores a wide range of health care topics -- from tort reform and healthcare ethics to patient rights and managed care. Written in a comprehensible and engaging manner, this indispensable text will carefully guide your students through the complex maze of the legal system and will serve them throughout their professional lives. With over 40 years of experience as an administrator, consultant, and surveyor across 650 hospitals, author George D. Pozgar provides a uniquely accessible tool for grasping the legal complexities of health care through an array or real-life case studies, precedent-making court cases, and key statistical data.
Download or read book An Introduction to Health Law Litigation Based on Contract and Government Claims written by Aaron Krauss and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal Essentials of Health Care Administration written by George D. Pozgar and published by Jones & Bartlett Publishers. This book was released on 2009-10-06 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using the same approach, this text provides a distillation of the widely popular Legal Aspects of Health Care Administration. It presents an overview of health law topics in an interesting and understandable format, leading the reader through the complicated maze of the legal system. The topics presented in this book create a strong foundation in health law. This book is a sound reference for those who wish to become more informed about how the law, ethics, and health care intersect. Features: A historical perspective on the development of hospitals, illustrating both their progress and failures through the centuries. Actual court cases, state and federal statutes, and common-law principles are examined. A broad discussion of the legal system, including the sources of law and government organization. A basic review of tort law, criminal issues, contracts, civil procedure and trial practice, and a wide range of real life legal and ethical dilemmas that caregivers have faced as they wound their way through the courts. An overview of various ways to improve the quality and delivery of health care.
Download or read book The Development of Medical Liability written by Ewoud Hondius and published by Cambridge University Press. This book was released on 2014-07-31 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.
Download or read book Legal Aspects of Health Care Administration written by George D. Pozgar and published by Jones & Bartlett Publishers. This book was released on 2015-03-27 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most trusted resource in healthcare law is this classic text from George Pozgar, now completely revised. With new case studies in each chapter, The 12th edition continues to serve as an ideal introduction to the legal and ethical issues in the healthcare workplace. The 12th edition presents a wide range of health care topics in a comprehensible and engaging manner that will carefully guide your students through the complex maze of the legal system. This is a book they will hold on to throughout their careers. In addition to new cases, news clippings,the 12th edition introduces new real life experiences in the form of Reality Checks. Course instruction is made easy with helpful instructor resources such as PowerPointTM slides, Instructor’s Manual, TestBank, and more.
Download or read book Tort Law in Belgium written by Marc Kruithof and published by Kluwer Law International B.V.. This book was released on 2018-05-09 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in Belgium. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers Belgium. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Download or read book The Law and Economics of Public Health written by Frank A. Sloan and published by Now Publishers Inc. This book was released on 2007 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Economics of Public Health synthesizes the empirical research findings on the relationship between law and the public's health that are found scattered in different literature ranging from economic journals to medical journals, journals on addictive behaviors, law reviews, and books. This is the only study to date that has assembled the empirical evidence from many areas ranging from motor vehicle liability and dram shop liability to medical malpractice, products liability as it applies to pharmaceutical products, and medical devices. The Law and Economics of Public Health addresses the fundamental question as to whether or not and the extent to which imposing tort liability on potential injurers improves the public's health. Does the threat of litigation on potential injurers make them exercise more caution? Does insurance coverage counter incentives to be careful? Does the tort system operate as perfectly as the theory would have it? This monograph answers these questions on the basis of empirical evidence. The Law and Economics of Public Health discusses both theory and empirical evidence in several areas of personal injury to which tort liability has been applied. The monograph starts by describing the general law and economics framework used to assess both positive and normative issues relating to tort liability. It then presents the rationale for and empirical evidence on particular applications of tort liability as it applies to personal injury.
Download or read book Principles of Tortuous Liability written by Patrick Kimuyu and published by GRIN Verlag. This book was released on 2017-11-21 with total page 13 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Paper (postgraduate) from the year 2017 in the subject Health - Public Health, grade: 1.6, Egerton University, language: English, abstract: Tortuous liability is applied in healthcare in order to monitor claims and lawsuits arising from medical malpractices and negligence of their staff. Precisely, ‘tort’ refers to wrongful action committed by a person. The remedy to tort is damages, and this forms a part of the law of obligation. Currently, juries doctor program has made the principles of tortuous liability compulsory for their students. In this program, students learn the fundamental elements of tort liability in areas such as breach of duty, causation, negligence and defenses to liability. Tort liability in many healthcare setting is based on the conduct of personnel working at the facility as well as the organization itself. Tort law has mainly two objectives; deterrence and compensation. Seemingly, in 2002, the Australia tort laws went through major changes. Tort laws in Australia are divided into three groups namely; negligence torts, strict liability torts and intentional torts. Negligence torts refer to civil wrongs that occur due to one’s failure in exercising care against risk of known harm. Intentional torts are defined as deliberate action that results to harming a plaintiff. Classical example of intentional tort includes fraud and defamation. Strict liability torts impose accountability on a company that is not guilty of wrongdoing but its activities cause dangerous harm to the society despite taking the appropriate care. According to researchers, reasonable comprehension of tort can aid in minimizing the occurrence of tort liability. Risk managers have a duty of updating all the relevant organizations procedures and policies so as to meet the stipulated legal requirements. Any change in policy must be passed to the organizational staff in order to familiarize them with the incoming changes and probable effect on their daily activities. Therefore, this analysis focuses on the impact of reforms on tort law.
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.
Download or read book Tort Law in France written by Jonas Knetsch and published by Kluwer Law International B.V.. This book was released on 2021-08-20 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, but also concerns each person’s most fundamental rights on a worldwide scale. Following a general introduction that probes the distinction between tort and crime and the relationship between tort and contract, the monograph describes how the concepts of fault and unlawfulness, and of duty of care and negligence, are dealt with in both the legislature and the courts. The book then proceeds to cover specific cases of liability, such as professional liability, liability of public bodies, abuse of rights, injury to reputation and privacy, vicarious liability, liability of parents and teachers, liability for handicapped persons, product liability, environmental liability, and liability connected with road and traffic accidents. Principles of causation, grounds of justification, limitations on recovery, assessment of damages and compensation, and the role of private insurance and social security are all closely considered. The work gives an extensive picture of the current state of law and a first indication on the future French tort law, based on the last Government proposal for a comprehensive reform of the civil liability rules. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers in France. Academics and researchers will also welcome this very useful guide, and will appreciate its value not only as a contribution to comparative law but also as a stimulus to harmonization of the rules on tort.
Download or read book Problems of Tort Litigation as a Means of Patient and Consumer Protection in Health Care Systems written by Michael David Moore and published by . This book was released on 2009 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. health care system relies on tort litigation as a means of protecting patients and consumers from medical malpractice. The system of tort litigation has contributed to the U.S. having the highest health care spending per capita of any nation, but it has not resulted in superior quality of care. This work argues that tort litigation in health care is actually detrimental to patient safety and that the deterrent effect that it is meant to provide is circumvented by elements inherent in tort law. The possibility of settlement without admission of guilt creates a mechanism by which litigation is encouraged by economic incentives, but actual malpractice is not effectively discouraged. Furthermore, the system limits the operational knowledge gained through adverse events by removing these events and the actions that created them from the public discourse. Various proposed and enacted reforms to medical tort litigation are considered and it is found that dysfunctional interactions between professionals of different disciplines constitute a major obstacle to effective system reform. Finally, a modular view of the health care system is presented as a step toward identifying and reforming these interactions.
Download or read book Torts Personal Injury Litigation written by William P. Statsky and published by . This book was released on 1990 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book No Fault Compensation in the Health Care Sector written by Jos Dute and published by Springer. This book was released on 2004-08-10 with total page 492 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability of medical practitioners as well as hospitals has become increasingly important throughout the last decades. The number of claims as well as the amounts of damages have risen. Are mere modifications of the classical liability law sufficient to meet the needs of the 21st century's society? Is the introduction of a no-fault compensation model on the basis of the existence of insurance or funds the solution to the problem? This study provides an overview of the legal situations in various European countries and (because of its dissimilarity) New Zealand. Moreover the case law of these jurisdictions is analyzed by renowned tort law experts. A comparative survey highlights the discernible tendencies. Furthermore, the economic aspects of the liability systems in the health care area are presented. The reader finds information about the different ways in which contractual liability, liability based on fault, insurance and fund models are combined.
