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Vol 21 No 10 Oct/Nov 2016

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Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

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Cases on Medical Malpractice in a Comparative Perspective

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ISBN13: 9783211835951
ISBN: 3211835954
Published: March 2001
Publisher: Springer-Verlag
Country of Publication: Germany
Format: Paperback
Price: POA



Despatched in 10 to 12 days.

Liability for medical malpractice is of growing importance in the field of tort law. The ""medical malpractice explosion"" does not seem to have come to an end yet. This study provides an overview of the legal situations, the applicable texts and the case law in nine European countries. The authors are renowned tort law experts from each country. A comparative analysis highlights the tendencies which can be found and their economic effects. The structure is based on the study of six concrete cases which are discussed in the context of the different legal systems. This method shows which legal concepts lead to specific results and allows to easily compare the results. The study addresses questions of hospital organization, patients' consent, duties of information, faulty diagnosis, faulty treatment, the necessary standard of care, the relevance of financial limits, medical documentation, and the burden of proof. The reader finds extensive and precise information about the state of medical malpractice law in Europe.

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Contents:
Introduction; Cases and background; Country reports; Comparative analysis; Deficiency of regulation and Approach to solutions: conclusions from the comparative research.