Malpractice and Medical Liability

The aim of this book is to clarify the steps required for a sequential, in-depth analysis of events and the consequences of medical actions.

Malpractice and Medical Liability

Medical responsibility lawsuits have become a fact of life in every physician’s medical practice. However, there is evidence that physicians are increasingly practising defensive medicine, ordering more tests than may be necessary and avoiding patients with complicated conditions. The modern practice of medicine is increasingly complicated by factors beyond the traditional realm of patient care, including novel technologies, loss of physician autonomy, and economic pressures. A continuing and significant issue affecting physicians and the healthcare system is malpractice. In the latter half of the 20th century, there was a major change in the attitude of the public towards the medical profession. People were made aware of the huge advances in medical technology, because health problems increasingly tended to attract media interest and wide publicity. Medicine is a victim of its own success in this respect, and people are now led to expect the latest techniques and perfect outcomes on all occasions. This burst of technology and hyper-specialization in many fields of medicine means that each malpractice claim is transformed into a scientific challenge, requiring specific preparation in analysis and judgment of the clinical case in question. The role of legal medicine becomes more and more peculiar in this judicial setting, often giving rise to erroneous interpretations and hasty scientific verdicts, but guidelines on the methodology of ascertainments and criteria of evaluation are lacking all over the world.The aim of this volume is to clarify the steps required for sequential in-depth analysis of events and consequences of medical actions, in order to verify whether, in the presence of damage, errors or non-observance of rules of conduct by health personnel exist, and which causal values and links of their hypothetical misconduct are involved.​

International Medical Malpractice Law

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 ...

International Medical Malpractice Law

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.

Medical Liability in Europe

This is due to various factors, which are interrelated to a large extent: changing case law and legislation as well as increased and still increasing technical and medical knowledge.

Medical Liability in Europe

Ten years after the first ECTIL project in this field, liability for medical malpractice is still a hot topic throughout Europe and it continues to expand and develop. This study compares thirteen European jurisdictions on the basis of country reports authored by renowned experts from each legal system. In addition to providing a theoretical survey of key issues, contributors analyzed six hypotheticals based on actual cases, thereby also providing practical guidance on major aspects of liability claims.

Medical Malpractice and Compensation in Global Perspective

The papers in this collection are drawn from a symposium held in Vienna in December 2010.

Medical Malpractice and Compensation in Global Perspective

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.

The Development of Medical Liability

A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.

The Development of Medical Liability

A historical examination of the liability of healthcare professionals in tort and other systems of compensation in various European countries.

Medical Liability and Treatment Relationships

The Third Edition has been updated to include new case law and literature, especially regarding malpractice law.

Medical Liability and Treatment Relationships

Medical Liability and Treatment Relationships is based on Part I,"The Provider and the Patient" of parent book Health Care Law and Ethics, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. The Third Edition has been updated to include new case law and literature, especially regarding malpractice law. Features: Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider. Includes cases and materials on Medical Malpractice not found in the parent book, including: Supreme Court decisions and notes on forensic medicine and epidemiological evidence. Problems on practice guidelines as proof of negligence. Cases and notes about ethics violations arising from ex parte contacts with treating physicians. Integrates public health and ethics issues from a relational perspective. Clear notes smooth transitions between cases and background information. Companion website provides background materials, updates of important events, additional relevant topics and links to other resources on the Internet. Thoroughly updated, the revised Third Edition includes: Comprehensive updates to the case law and literature. New case law regarding malpractice reform.

The Medical Malpractice Myth

Along comes Baker, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture ''the medical malpractice myth'' with a talent for reasoned argument and incisiveness.

The Medical Malpractice Myth

n January 2005, President Bush declared the medical malpractice liability system ''out of control.''the president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years - that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture ''the medical malpractice myth'' with a talent for reasoned argument and incisiveness. He counters that the real problem is ''too much medical malpractice, not too much litigation,'' and that the cost of malpractice is lost lives and the ''pain and suffering of tens of thousands of people every year'' - most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates.

Medical Malpractice and the U S Health Care System

This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American ...

Medical Malpractice and the U S  Health Care System

Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance and tort litigation.

Report of the Task Force on Medical Liability and Malpractice

Report of the Task Force on Medical Liability and Malpractice


Economic implications of medical liability claims

The issue of Medical Liability in Europe has been intensively discussed since a long time, and it needs revision to come to a harmonisation.

Economic implications of medical liability claims

The issue of Medical Liability in Europe has been intensively discussed since a long time, and it needs revision to come to a harmonisation. In June 2008, the Council of Europe's Public and Private Law Unit (DG-HL Directorate General of Human Rights and Legal Affairs), in co-operation with the Health and Bioethics Divisions (DGIII - Social Cohesion), has organised a 2-day interdisciplinary Conference on "The ever-growing challenge of medical liability: national and European responses". As stated, the aim of the Conference was to gather information, share experiences and examine ways of improving standards of dealing with medical liability in the member states. It is very important to show good practices in the field which simultaneously secure the individual's access to the judiciary while ensuring just compensation for any medical malpractice were examined.

Medical Liability in Asia and Australasia

This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions.

Medical Liability in Asia and Australasia


Medical Malpractice

Medical Malpractice


A Measure of Malpractice

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.

A Measure of Malpractice

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.

Medical Liability

Medical Liability


Money Medicine and Malpractice in American Society

The book transcends traditional disciplinary boundaries to provide a straightforward account of circumstances giving rise to particular forms of legal, medical, and social regulation in the United States.

Money  Medicine  and Malpractice in American Society

In conjunction with changing economic circumstances surrounding health care in the United States since 1945, malpractice insurance has contributed to changing patterns of control in medicine. Today, inflationary pressures associated with medical malpractice are clashing with endeavors to contain costs in health care. Hay provides a thorough investigation of the development of medical liability insurance in the United States--and its implications for tort law reform and health care provision. The book transcends traditional disciplinary boundaries to provide a straightforward account of circumstances giving rise to particular forms of legal, medical, and social regulation in the United States.

Medical Negligence

Medical Negligence


International Medical Malpractice Law A Comparative Study of Civil Responsibility Arising from Medical Care

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 ...

International Medical Malpractice Law A Comparative Study of Civil Responsibility Arising from Medical Care

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.

Policy Issues in Insurance Medical Malpractice Prevention Insurance and Coverage Options

This publication surveys and assesses various types of mechanisms and reforms implemented and refined in OECD countries that best limit and indemnify medical accidents.

Policy Issues in Insurance Medical Malpractice Prevention  Insurance and Coverage Options

This publication surveys and assesses various types of mechanisms and reforms implemented and refined in OECD countries that best limit and indemnify medical accidents.

Risk Management and Medical Liability

Outlines the attitudes, knowledge and skills important to medical care risk management and liability.

Risk Management and Medical Liability

Outlines the attitudes, knowledge and skills important to medical care risk management and liability. Provides recommendations that indicate ways to help reduce the incidence of malpractice claims. Addresses the patient-provider relationship, legal definitions, patients rights issues, informed consent, documenting and protecting medical records, issues of physician competence, the most frequent allegations found in IHS/tribal malpractice claims, the Fed. Tort Claims Act and claims processing, malpractice reporting agencies, and malpractice suits against individuals. Includes sample affidavits, and a list of risk mgmt. do's and don'ts.