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Cases on Medical Malpractice in a Comparative Perspective
Michael G. Faure
出版
Springer Vienna
, 2001-08-31
主題
Law / General
Law / Administrative Law & Regulatory Practice
Law / Civil Law
Law / International
Law / Torts
Law / Medical Law & Legislation
Medical / Practice Management & Reimbursement
ISBN
3211835954
9783211835951
URL
http://books.google.com.hk/books?id=gxFBAQAAIAAJ&hl=&source=gbs_api
註釋
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 allows the easy comparison of specific results to which the legal concepts lead. 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.