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Vol 21 No 11 Nov/Dec 2016

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Causation in Law and Medicine

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ISBN13: 9780754622048
ISBN: 0754622045
Published: March 2003
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: Hardback
Price: £110.00



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This text explores one of the most profound yet vexing issues in law: how to accommodate advances in the medical and scientific understanding of causation within the province of law. It provides a framework for analysis of different theories of medical, scientific and legal causation, as well as modes or tests relating to the proof of causation offered in different forensic and medical contexts.;Notions of risk in determining causation in criminal and civil law, the nature of proof in medicine and the law, issues of morality, responsibility and justice in the context of legal causation, as well as aspects of causation pertaining specifically to forensic medicine and coronial law are analyzed from an interdisciplinary perspective.

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Subjects:
Medical Law
Contents:
Part A The concept of causation in law, medicine and science: principles and values underlying the concept of causation in law
scientific and legal approaches to causation
the cause of disease and illness - medical views and uncertainties
aspects of causation in Hippocratic medicine and Roman law of delict
rebels without a cause? - judges, medical and scientific evidence and the uses of causation
Part B The concept of justice and causal responsibility in tort law: legal rules of governing the requirement of causation in tort law
fault, causation and responsibility - is tort law just an instrument of corrective justice?
loss of chance
causality and spinal pain - the problem of back pain
Part C Issues of causal responsibility: principles of causation in criminal law
death causation in palliative medicine
euthanasia and the criminal law - what will sever a causal link?
issues of medical and legal causation relating to Alzheimer's disease
Part D Causation in forensic medicine and coronial law: cause in forensic pathology - the cause and manner of death
forensic medicine - issues in causation
causation in coronial law
Part E Causation, evidence and proof in law and medicine: causation in law and psychiatry
causation in the context of medical practitioners' liability for negligent advice
statistical proof of causation
epilogue - dilemmas in proof of causation.