International Medical Malpractice Law
International Medical Malpractice Law

Author: Dieter Giesen

Publisher: BRILL

Published: 1988-01-01

Total Pages: 1000

ISBN-13: 9783166453224

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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.

Health Care Reform and the Law in Canada
Health Care Reform and the Law in Canada

Author: Timothy Caulfield

Publisher: University of Alberta

Published: 2002

Total Pages: 292

ISBN-13: 9780888643667

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Sweeping changes are being proposed as Canadians examine our health care system. But what are the legal implications of health care reform? In this timely collection, lawyers and legal scholars discuss a variety of topics in health care reform, including regulation of private care, interpretation of the Canada Health Act, and the constitutional implications of proposed reforms. Barbara von Tigerstrom is currently studying at the University of Cambridge in England. Timothy Caulfield lives in Edmonton, where he teaches at the University of Alberta.

Patient Safety, Law Policy and Practice
Patient Safety, Law Policy and Practice

Author: John Tingle

Publisher: Routledge

Published: 2011-03-02

Total Pages: 227

ISBN-13: 1136824391

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Patient safety is an issue which in recent years has grown to prominence in a number of countries’ political and health service agendas. The World Health Organisation has launched the World Alliance for Patient Safety. Millions of patients, according to the Alliance, endure prolonged ill-health, disability and death caused by unreliable practices, services, and poor health care environments. At any given time 1.4 million people worldwide are suffering from an infection acquired in a health facility. Patient Safety, Law Policy and Practice explores the impact of legal systems on patient safety initiatives. It asks whether legal systems are being used in appropriate ways to support state and local managerial systems in developing patient safety procedures, and what alternative approaches can and should be utilized. The chapters in this collection explore the patient safety managerial structures that exist in countries where there is a developed patient safety infrastructure and culture. The legal structures of these countries are explored and related to major in-country patient safety issues such as consent to treatment protocols and guidelines, complaint handling, adverse incident reporting systems, and civil litigation systems, in order to draw comparisons and conclusions on patient safety.

Medical Law in Canada
Medical Law in Canada

Author: Trudo Lemmens

Publisher: Kluwer Law International B.V.

Published: 2020-12-20

Total Pages: 239

ISBN-13: 940352961X

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Canada. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Canada will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.

Law and Ethics in Biomedical Research
Law and Ethics in Biomedical Research

Author: Duff William Ramus Waring

Publisher: University of Toronto Press

Published: 2006-01-01

Total Pages: 281

ISBN-13: 0802086438

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When a young man named Jesse Gelsinger died in 1999 as a result of his participation in a gene transfer research study, regulatory agencies in the United States began to take a closer look at what was happening in medical research. The resulting temporary shutdown of some of the most prestigious academic research centres confirmed what various recent reports in the United States as well as Canada had claimed; that the current system of regulatory oversight was in need of improvement. Law and Ethics in Biomedical Research uses the Gelinger case as a touchstone, illustrating how three major aspects of that case - the flaws in the regulatory system, conflicts of interest, and legal liability - embody the major challenges in the current medical research environment. Editors Trudo Lemmens and Duff R. Waring, along with a host of top scholars in the field, demonstrate why existing models of research review and human subject protection are in need of improvement, and how more stringent regulatory and legal means can be used to strengthen the protection of research subjects and the integrity of research. The contributors also address conflicts of interest, paying particular attention to the growing commercialization of medical research, as well as the legal liability of scientific investigators, research institutions, and governmental agencies. Legal liability is a growing concern in medical research and this fascinating study is, in the international context, one of the first to explore the liability of various parties involved in the research enterprise.

Doctors, Patients, and Society
Doctors, Patients, and Society

Author: Martin S. Staum

Publisher: Wilfrid Laurier Univ. Press

Published: 2006-01-01

Total Pages: 300

ISBN-13: 0889205949

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What moral and legal issues are involved in the physician-patient relationship? What is bioethics? What social and environmental factors are involved in health and disease? An interdisciplinary workshop of the Calgary Institute for the Humanities in May 1980 considered these issues, as well as health care delivery, the history of public health in Canada, conflicting "health cultures," and responsibilities of professionals on the health care team. Participating in the conference were prominent scholars and professionals in social edicine, community health, nursing, law, medical research, medical education, and various academic disciplines. They included Dr. Thomas McKeown, Dr. David Roy, Professor Hazel Weidman, Professor Benjamin Freedman, Dr. Anthony Lam, and Dr. Robert Hatfield.