Download or read book Medical Malpractice Legislation written by Carlo Maria Masieri and published by Taylor & Francis. This book was released on 2024-05-08 with total page 85 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to regulate medical malpractice. In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future. This work may interest legal scholars, healthcare providers, insurers and policymakers.
Download or read book Damages for Violations of Human Rights written by Ewa Bagińska and published by Springer. This book was released on 2015-10-20 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.
Download or read book Social Security in Canada written by Canada. Department of National Health and Welfare. Policy and Program Development and Coordination Branch and published by . This book was released on 1974 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book L indemnisation par l assurance de responsabilit civile professionnelle written by Rodolphe Bigot and published by . This book was released on 2014 with total page 786 pages. Available in PDF, EPUB and Kindle. Book excerpt: En matière de responsabilité civile des professionnels du droit et du chiffre, l'indemnisation est intégralement réalisée par l'assurance privée. IL existe donc, à cet égard, une nette différence entre l'indemnisation dans le domaine de la responsabilité médicale et dans le domaine objet de la recherche entreprise. Pourtant, les enjeux économiques y seraient d'importance supérieure. Une mutualisation optimale est souvent réalisée par les instances professionnelles du droit et du chiffre. Celles-ci ont souscrit des contrats d'assurance collective proposés dès le XIXe siècle par un même assureur. De 2001 à 2010, plus de 100 000 sinistres ont été déclarés par des professionnels du droit et du chiffre auprès de cet apériteur dominant. Un échantillonnage approfondi a permis de constater que l'indemnisation n'a pas toute l'efficacité espérée, étant elle-même contrecarrée par l'action du système assurantiel de défense professionnelle fédéré autour de comités de gestion concertée. Ce système aurait pris le contrôle de l'indemnisation, de sorte à réaliser une minoration des préjudices indemnisables. En même temps, ce système ne serait pas toujours en mesure de protéger pleinement cette incroyable mutualisation. Une altération de la responsabilisation des professionnels assurés pourrait être à la fois la cause et la conséquence de cette importante sinistralité pour laquelle les techniques assurantielles d'autodiscipline semblent être tombées en léthargie, au détriment de l'indemnisation.
Download or read book Publications written by and published by . This book was released on 1976 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes documents, translations, proceedings, reports, papers.
Download or read book L Avenir Du Droit International de L environnement written by Renâe Jean Dupuy and published by Martinus Nijhoff Publishers. This book was released on 1985-11-04 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: German Environmental Law addresses scholars, lawmakers, administrators, investors, & protectionists from outside Germany who do not read German but wish to have access to the sources of German environmental law. The major law texts concerning nature conservation, air quality control, water protection, waste management, road planning, environmental impact assessment & environmental liability are reproduced. Also included are the Technical Instructions on Air Quality Control, an administrative guideline of great practical importance, which is often taken as a point of reference for the construction of industrial plants, even outside Germany. The law texts are accompanied by a case-related introduction to German environmental law. While there are numerous introductions to & editions of German environmental law in the German language, this book is the first to outline German environmental law & reproduce the basic law texts in the English language.
Download or read book Drug Safety written by Michel Auriche and published by Elsevier. This book was released on 2013-10-22 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drug Safety
Download or read book Revue juridique Th mis written by and published by . This book was released on 1994 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Security in Canada written by Canada. Policy and Program Development and Coordination Branch and published by . This book was released on 1974 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 2022 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2023-12-18 with total page 830 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book 2023 written by Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-12-16 with total page 819 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Tort Law Yearbook provides a comprehensive overview of the latest developments in tort law in Europe. It contains reports from the majority of European jurisdictions, as well as a comparative analysis that identifies emerging trends. Focusing on the year 2022, the authors critically assess important court decisions and new legislation, and provide a literature overview.
Download or read book International Encyclopedia of Comparative Law written by Viktor Knapp and published by Martinus Nijhoff Publishers. This book was released on 1983 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Revue G n rale Nucl aire written by and published by . This book was released on 1997 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings written by Dobrochna Bach-Golecka and published by Springer Nature. This book was released on 2021-05-16 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.
Download or read book Le Risque Technologique Majeur written by Patrick Lagadec and published by Elsevier. This book was released on 2013-10-02 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le Risque Technologique Majeur
Download or read book Motor Vehicle Insurance Law in Cameroon written by Martha S. Tumnde and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
