Medical Liability in Asia and Australasia

Medical Liability in Asia and Australasia

Author: Vera LĂșcia 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.


Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings

Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings

Author: Dobrochna Bach-Golecka

Publisher: Springer Nature

Published: 2021-05-16

Total Pages: 458

ISBN-13: 3030670007

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The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective. It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.


Responsibility in Health Care

Responsibility in Health Care

Author: G.J. Agich

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 294

ISBN-13: 9400978316

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Medicine is a complex social institution which includes biomedical research, clinical practice, and the administration and organization of health care delivery. As such, it is amenable to analysis from a number of disciplines and directions. The present volume is composed of revised papers on the theme of "Responsibility in Health Care" presented at the Eleventh Trans Disciplinary Symposium on Philosophy and Medicine, which was held in Springfield, illinois on March 16-18, 1981. The collective focus of these essays is the clinical practice of medicine and the themes and issues related to questions of responsibility in that setting. Responsibility has three related dimensions which make it a suitable theme for an inquiry into clinical medicine: (a) an external dimension in legal and political analysis in which the State imposes penalties on individuals and groups and in which officials and governments are held accountable for policies; (b) an internal dimension in moral and ethical analysis in which individuals take into account the consequences of their actions and the criteria which bear upon their choices; and (c) a comprehensive dimension in social and cultural analysis in which values are ordered in the structure of a civilization ([8], p. 5). The title "Responsibility in Health Care" thus signifies a broad inquiry not only into the ethics of individual character and actions, but the moral foundations of the cultural, legal, political, and social context of health care generally.


Mason and McCall Smith's Law and Medical Ethics

Mason and McCall Smith's Law and Medical Ethics

Author: Graeme T. Laurie

Publisher:

Published: 2019

Total Pages: 775

ISBN-13: 0198826214

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This classic textbook has provided students of medical law and ethics with a framework for exploring this fascinating subject for over 30 years. Providing coverage of all of the topics found on medical law courses, it gives an overview of the inter-relationship between ethical medical practice and the law. Medical law is significantly shaped by the courts, and as such this book provides extensive coverage of recent judicial decisions as well as statutory developments. The new edition continues to evolve to reflect changes in the law and shifting ethical opinions.


Medicine, Patients and the Law

Medicine, Patients and the Law

Author: Margaret Brazier

Publisher: Penguin UK

Published: 2007

Total Pages: 600

ISBN-13:

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Medicine, Patients and the Lawis a leading book in its field, aimed at practitioners and students of both law and medicine, as well as the general reader. It examines the regulation of medical practice, the rights and duties of patients and their medical advisers, the provision of compensation for medical mishaps and the framework of rules governing those delicate issues of life and death where medicine, morals and the law overlap. The fourth edition of this highly acclaimed book is fully updated to cover recent changes in law and medical practice. Among other current issues, it addresses the radical reforms proposed by the Shipman Inquiry, the impact of change within the NHS, the Mental Capacity Act of 2005 and includes a new chapter on access to health care. Clear explanations of legal issues make this book accessible and absorbing.


Affordable Excellence

Affordable Excellence

Author: William A. Haseltine

Publisher: Brookings Institution Press

Published: 2013

Total Pages: 198

ISBN-13: 0815724160

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"Today Singapore ranks sixth in the world in healthcare outcomes well ahead of many developed countries, including the United States. The results are all the more significant as Singapore spends less on healthcare than any other high-income country, both as measured by fraction of the Gross Domestic Product spent on health and by costs per person. Singapore achieves these results at less than one-fourth the cost of healthcare in the United States and about half that of Western European countries. Government leaders, presidents and prime ministers, finance ministers and ministers of health, policymakers in congress and parliament, public health officials responsible for healthcare systems planning, finance and operations, as well as those working on healthcare issues in universities and think-tanks should know how this system works to achieve affordable excellence."--Publisher's website.