Download or read book Medical Negligence in South Africa written by N. J. B. Claassen and published by . This book was released on 1992 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practitioner s Guide to Medical Malpractice in South African Law written by Ian Dutton and published by Siber Ink. This book was released on 2015-06-22 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to set out the fundamental principles governing the law of medical malpractice in clear and understandable terms, so that those principles can be applied in daily practice. The intersection of the fields of medicine and the law produces formidable challenges. For the lawyer, the applicable legal principles and issues are as intellectually and professionally demanding as encountered in any field of the law. For the medical practitioner, there is at present an obstructive uncertainty and anxiety about the legal rules which apply, and the health professions accordingly feel under siege. Added to this is the formative role that government and civil society plays in considering and assimilating into our legal system profound policy considerations affecting our most intimate interests. This book addresses these issue clearly and comprehensively.
Download or read book The Application of the Doctrine of a Loss of a Chance to Recover in Medical Law written by Pat Van den Heever and published by PULP. This book was released on 2007 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication In this book, Pat van den Heever assesses the application of the doctrine of a loss of a chance in medical negligence cases in South Africa. He emphasises the difficulties often encountered by courts when adjudicating on causation in medical negligence cases in the face of multiple causation theories. On the basis of a thorough review of the position regarding the doctrine of a loss of a chance in The United States of America, Australia and Britain, he proposes for South Africa a de lege ferenda loss of chance model for application in medical negligence matters. As the first ever major work dealing with the application of the doctrine of a loss of a chance in medical negligence matters in South Africa, this book is of interest to the courts and the legal profession generally, legal academics working in the field of medical law and the law of delict, health care providers, and members of the medical and allied professions, their councils, associations and protection societies. "This publication is the first authoritative and substantive research on the doctrine of a loss of a chance in the context of medical negligence in South African medical law ... Dr van den Heever's thorough and comprehensive comparative approach and discussion of the doctrine here, is commendable ... [T]his publication is indeed timely!" - Pieter Carstens, Professor of Medical Law, University of Pretoria.
Download or read book Res Ipsa Loquitur and Medical Negligence written by Pat Van den Heever and published by Juta and Company Ltd. This book was released on 2011 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The purpose and object ... is the investigation and research of the utility and effect of the application of the doctrine of res ipsa loquitur to medical negligence cases. In particular, the book endeavours to establish conclusively that the approach of the South African courts, that the doctrine should never find application to modern negligence cases, is untenable and out of touch with modern approaches adopted in other common law countries. Constitutional principles such as procedural equality, access to courts, access to health care, access to information, post-constitutional legislation, medical ethics and policy considerations are also analysed"--Page 4 of cover.
Download or read book The Practitioner s Guide to Medical Malpractice in South African Law written by Ian Dutton (Lawyer) and published by . This book was released on 2015 with total page 139 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Clinical Guidelines and the Law of Medical Negligence written by Samanta, Jo and published by Edward Elgar Publishing. This book was released on 2021-10-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically considers the dynamic relationship between clinical guidelines and medical negligence litigation, arguing that a balance must be struck between blinkered reliance on guidelines and casual disregard. It explores connections between academic law and professional practice, bringing together an array of perspectives which reveal that although guidelines may not be dispositive, they nonetheless play an important role in medical negligence law.
Download or read book FOUNDATIONAL PRINCIPLES OF SOUTH AFRICAN MEDICAL LAW written by CARSTENS. and published by . This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Application of the Doctrine of Res Ipsa Loquitur to Medical Negligence Cases written by Patrick Van den Heever and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose and object of this thesis was to investigate and research the utility and effect of the application of the doctrine of res ipsa loquitur to medical negligence cases. More particularly, it was endeavoured to establish conclusively that the approach of the South African courts that the doctrine can never find application to medical negligence cases is untenable and out of touch with modern approaches adopted by other Common law countries. It was further endeavoured to provide a theoretical and practical legal framework within which the application of the doctrine to medical negligence cases and related matters can develop in South Africa, in future. The research includes a comprehensive comparative survey of the diverging approaches with regard to the application of the doctrine to medical negligence cases between the legal systems of South Africa, England and the United States of America. The most important conclusions which the investigation revealed were the following: 1. There are substantial differences with regard to the application of the doctrine between the three legal systems, with regard to the requirements for, the nature of, the procedural effect on the onus of proof and the nature of the defendant's explanation in rebuttal. These differences are further compounded by differences between the principles enunciated by the courts and the opinions of legal commentators on the subject. 2. Whereas the approach adopted by the South African courts with regard to the application of the doctrine to medical negligence cases is outdated and untenable, more legal clarity, however, exists in South Africa with regard to the application of the doctrine to personal injury cases in general, so that the existing principles which are applied provide a structure within which the extension of its application to medical accidents can be readily accommodated. 3. The current approach adopted by England, where provision is made for the application of the doctrine to obvious medical blunders as well as more complex matters, where the plaintiff is permitted to buttress evidence relating to the res with expert medical evidence, commends itself for acceptance. Such an approach not only alleviates the plaintiff's burden of proof but also provides adequate protection to the defendant by endorsing the principle of honest doubt in the form of letting the defendant prevail if he comes to court and explains that despite due care, untoward results do sometimes occur especially in the practice of medicine. 4. The approach adopted by the majority of jurisdictions in the United States of America is probably too liberal and unstructured so that it may in some instances result in the imposition of liability in medical context, in a arbitrary fashion. 5. Constitutional principles such as procedural equality, policy and other considerations support the extension of the application of the doctrine to medical negligence cases in South Africa. There are also substantial grounds for advancing a persuasive argument that the majority judgment in the Van Wyk v Lewis case should be overruled and that the general application of the doctrine of res ipsa loquitur should not only be extended to cases of medical negligence, but also to related legal procedures which follow a medical accident such as medical inquests, criminal prosecutions and disciplinary inquiries instituted by the Health Professions Council of South Africa.
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 A Measure of Malpractice written by Paul C. Weiler and published by Harvard University Press. This book was released on 1993 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Measure of Malpractice tells the story and presents the results of the Harvard Medical Practice Study, the largest and most comprehensive investigation ever undertaken of the performance of the medical malpractice system. The Harvard study was commissioned by the government of New York in 1986, in the midst of a malpractice crisis that had driven insurance premiums for surgeons and obstetricians in New York City to nearly $200,000 a year. The Harvard-based team of doctors, lawyers, economists, and statisticians set out to investigate what was actually happening to patients in hospitals and to doctors in courtrooms, launching a far more informed debate about the future of medical liability in the 1990s. Careful analysis of the medical records of 30,000 patients hospitalized in 1984 showed that approximately one in twenty-five patients suffered a disabling medical injury, one quarter of these as a result of the negligence of a doctor or other provider. After assembling all the malpractice claims filed in New York State since 1975, the authors found that just one in eight patients who had been victims of negligence actually filed a malpractice claim, and more than two-thirds of these claims were filed by the wrong patients. The study team then interviewed injured patients in the sample to discover the actual financial loss they had experienced: the key finding was that for roughly the same dollar amount now being spent on a tort system that compensates only a handful of victims, it would be possible to fund comprehensive disability insurance for all patients significantly disabled by a medical accident. The authors, who came to the project from very different perspectives about the present malpractice system, are now in agreement about the value of a new model of medical liability. Rather than merely tinker with the current system which fixes primary legal responsibility on individual doctors who can be proved medically negligent, legislatures should encourage health care organizations to take responsibility for the financial losses of all patients injured in their care.
Download or read book Expert Evidence in Clinical Negligence written by Patrick Van Den Heever and published by . This book was released on 2015-11-27 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Principles and Rules of Procedure written by United States. National War Labor Board (1918-1919) and published by . This book was released on 1919 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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.
Download or read book A Critical Examination of the State Liability Amendment Bill 2018 and Its Implications for Medical Negligence Litigation in South Africa written by Huben Yenkanna and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Clinical Negligence written by Cecily Cameron and published by Oxford University Press, USA. This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new text is a comprehensive guide to investigating and litigating clinical negligence claims, written by two leading practitioners in the field. Aimed particularly at practitioners who are looking to develop their practice in this complex and often emotive area, the book provides a general overview of the law relating to clinical negligence, and focuses on the practical aspects of running a claim. Structured chronologically, the book looks first at the relevant law of negligence and limitation, then at key preliminary matters, including exploring complaints and disciplinary procedures, the possibility of early settlement, risk analysis, limitation, and costs. It goes on to provide detailed guidance on the investigation process as to whether a claim is viable, and to cover every aspect of clinical negligence litigation from the pre-action protocol and issuing proceedings, to managing witnesses and expert evidence, damages, and trial. Practical, user-friendly guidance is included throughout the text on client care, maintaining effective relationships between solicitors and counsel, case management, and procedure. The book details the particular considerations and difficulties that apply to clinical negligence that distinguish it from other personal injury litigation, such as the development of the law of negligence in the field, the technical complexity of the evidence, and risk analysis. It also describes the external organisations that provide the context to the area, and the business considerations that must be understood if the work is to be undertaken profitably, including guidance on funding (Legal Services Commission, private and Conditional Fee Agreement) and insurance. Specific issues of difficulty, such as the differences between public and private sector defendants, are covered in full, and there are sections on particularly complex topics that can arise in practice such as fatal cases, hospital-acquired infections, and cost of upbringing cases. The text is complemented by a useful precedents section, which is organized in a thematic way to ensure ease of reference. Co-written by a solicitor and a barrister, the book benefits from their differing perspectives and experiences of the litigation process which ensures that all crucial elements of case preparation and presentation, and the relevant law and practice are covered in a clear and logical way. Clinical Negligence: A Practitioner's Handbook will be invaluable to junior solicitors and barristers working in the field, practitioners with a working knowledge of personal injury law who are beginning to develop a clinical negligence practice, medical professionals with an interest in medico-legal issues, and relevant legal and voluntary sector organisations.
Download or read book Comparative Health Law and Policy written by Irehobhude O. Iyioha and published by Ashgate Publishing, Ltd.. This book was released on 2015-02-28 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Health law and policy in Nigeria is an evolving and complex field of law, spanning a broad legal landscape and drawn from various sources. In addressing and interacting with these sources the volume advances research on health care law and policy in Nigeria and spells the beginning of what may now be formally termed the ‘Nigerian health law and policy’ legal field. The collection provides a comparative analysis of relevant health policies and laws, such as reproductive and sexual health policy, organ donation and transplantation, abortion and assisted conception, with those in the United Kingdom, United States, Canada and South Africa. It critically examines the duties and rights of physicians, patients, health institutions and organizations, and government parastatals against the backdrop of increased awareness of rights among patient populations. The subjects, which are discussed from a legal, ethical and policy-reform perspective, critique current legislation and policies and make suggestions for reform. The volume presents a cohesive, comparative, and comprehensive analysis of the state of health law and policy in Nigeria with those in the US, Canada, South Africa, and the UK. As such, it provides a valuable comparison between Western and Non-Western countries.
