Medical Liability in Asia and Australasia

Medical Liability in Asia and Australasia

Author: Vera Lúcia Raposo

Publisher: Springer Nature

Published: 2021-11-25

Total Pages: 318

ISBN-13: 9811648557

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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. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.


A Measure of Malpractice

A Measure of Malpractice

Author: Paul C. Weiler

Publisher: Harvard University Press

Published: 1993

Total Pages: 202

ISBN-13: 9780674558809

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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.


Privacy and Medical Confidentiality in Healthcare

Privacy and Medical Confidentiality in Healthcare

Author: Thierry Vansweevelt

Publisher: Edward Elgar Publishing

Published: 2023-12-11

Total Pages: 323

ISBN-13: 1035309432

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This seminal book delivers an international examination of the duty of medical confidentiality and a patient’s right to privacy in the face of contemporary threats such as cyber-security, patient autonomy, and the greater reliance on telemedicine post Covid-19 pandemic.


Routledge Handbook of Constitutional Law in Greater China

Routledge Handbook of Constitutional Law in Greater China

Author: Ngoc Son Bui

Publisher: Taylor & Francis

Published: 2022-12-29

Total Pages: 517

ISBN-13: 1000800571

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The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.


Tourism in Turbulent Times

Tourism in Turbulent Times

Author: Jeff Wilks

Publisher: Routledge

Published: 2006-08-11

Total Pages: 383

ISBN-13: 1136353283

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Tourism in Turbulent Times presents an international review of the challenges faced by the world's largest industry and governments around the world to provide safe and enjoyable experiences for visitors. The book draws on the background and expertise of contributors from 11 countries, representing scholars, government officers and industry practitioners. It addresses traditional concerns for tourism (such as crime) as well as emerging challenges posed by the global movement of infectious disease and terrorism. These topics are examined by specialists who share a view that tourism can weather turbulent times through adopting appropriate risk management strategies and continuing to provide quality service for customers. This book differs from other texts on the market by including a large group of tourism industry practitioners as contributors. These writers practice the principles they espouse and have critical insight into the real world issues facing the tourism industry. They are also very committed to finding best practice solutions to the challenges facing their industry. The book will therefore be of particular interest to tourism managers and policy makers since it provides relevant information for the important decisions they need to make. Throwing the net wide to include medicine, law, psychology, sociology, education and hard science means that a wide range of perspectives are available to address global business, insurance, security, and policy questions in this emerging area of tourism. Shocks such as the terrorist attacks of 11 September 2001, SARS and the more recent Asian Tsunami have made the tourism industry very conscious of the need to protect its customers. This book highlights the positive responses made by various sectors of the industry at destination, national and international levels. It also examines the growing adventure tourism market, characterised by small operators who need good risk management practices to weather adverse global events, as well as run a financially viable small business. Such a wide set of perspectives will be very valuable to both students and tourism professionals.