Uncertain Causation in Medical Liability

Uncertain Causation in Medical Liability
Author: Lara Khoury
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2006-07-18
Genre: Law
ISBN: 184731273X
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'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

Comparative Healthcare Law

Comparative Healthcare Law
Author: Peter De Cruz
Publisher: Routledge
Total Pages: 803
Release: 2013-03-04
Genre: Law
ISBN: 1135341125
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This book provides a comparative and accessible analysis of key areas of healthcare law, comparing English law with selected common and civil law jurisdictions within a framework of law and medical ethics, and encompassing pivotal cases, codes and legislation. The introduction examines medical decision making, and legal and ethical frameworks in Western and non-Western cultures. Part I examines healthcare law in England and Wales, including abortion, consent, confidentiality, children, euthanasia, persistent vegetative state patients, organ transplantation, sterilisation of the mentally incapacitated, surrogacy, UK cloning proposals and the landmark conjoined twins case. Part II covers non-English common law jurisdictions such as Australia, New Zealand, Ireland and certain American jurisdictions. Civil law examples focus on France and Germany, and, where appropriate, Scandinavian countries. International perspectives on abortion laws and euthanasia are also provided. The book concludes with a comparative overview, which highlights common healthcare themes across various jurisdictions. Comparative Healthcare Law brings together information never previously accessible within the covers of one volume, making this unique book indispensable for scholars and practitioners in the field of healthcare law.

The Official Warrington Wolves Miscellany

The Official Warrington Wolves Miscellany
Author: Gary Slater
Publisher: The History Press
Total Pages: 185
Release: 2012-02-02
Genre: Sports & Recreation
ISBN: 0752490257
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The Warrington Wolves Miscellany is the definitive set text for every fan of the world famous Wire. Packed with facts, fun, gossip, nostalgia and conjecture, it looks back over 135 years of glorious history to celebrate the personalities, victories and controversies of the sport’s biggest name. Handily pocket-sized to pull out in the middle of those pub arguments over who was the fastest, dirtiest or biggest, this book will not only tell you who scored the most tries, kicked the most goals or won the most trophies, but also who earned the most red cards, which former player still haunts the town and who was sent off twice in one match. Put down your pie and pick up a copy.

Administrative Law and Judicial Deference

Administrative Law and Judicial Deference
Author: Matthew Lewans
Publisher: Bloomsbury Publishing
Total Pages: 273
Release: 2016-01-28
Genre: Law
ISBN: 1782253351
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In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions – the United Kingdom, the United States of America and Canada – over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.