Legal Liability of Doctors and Hospitals in Canada
Author | : Ellen I. Picard |
Publisher | : Carswell Legal Publications |
Total Pages | : 616 |
Release | : 1984 |
Genre | : Law |
ISBN | : |
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Author | : Ellen I. Picard |
Publisher | : Carswell Legal Publications |
Total Pages | : 616 |
Release | : 1984 |
Genre | : Law |
ISBN | : |
Author | : Marésa Cronje-Retief |
Publisher | : BRILL |
Total Pages | : 542 |
Release | : 2021-08-04 |
Genre | : Law |
ISBN | : 9004478159 |
This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied. The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.
Author | : Dieter Giesen |
Publisher | : BRILL |
Total Pages | : 1000 |
Release | : 1988-01-01 |
Genre | : Law |
ISBN | : 9783166453224 |
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.
Author | : Timothy Caulfield |
Publisher | : University of Alberta |
Total Pages | : 292 |
Release | : 2002 |
Genre | : Health & Fitness |
ISBN | : 9780888643667 |
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.
Author | : Dieter Giesen |
Publisher | : |
Total Pages | : 576 |
Release | : 1981 |
Genre | : Arzthaftpflicht |
ISBN | : |
Author | : John Lavis |
Publisher | : |
Total Pages | : 442 |
Release | : 2016-12 |
Genre | : Medical care |
ISBN | : 9781927565117 |
Author | : John Tingle |
Publisher | : Routledge |
Total Pages | : 227 |
Release | : 2011-03-02 |
Genre | : Law |
ISBN | : 1136824391 |
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.
Author | : Duff William Ramus Waring |
Publisher | : University of Toronto Press |
Total Pages | : 281 |
Release | : 2006-01-01 |
Genre | : Medical |
ISBN | : 0802086438 |
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.
Author | : Lara Khoury |
Publisher | : Bloomsbury Publishing |
Total Pages | : 304 |
Release | : 2006-07-18 |
Genre | : Law |
ISBN | : 184731273X |
'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.