The Measure Of Injury
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| Author | : Martha Chamallas |
| Publisher | : NYU Press |
| Total Pages | : 240 |
| Release | : 2010-05-31 |
| Genre | : Law |
| ISBN | : 0814716768 |
""This book asks important questions about the tort system. Tort law is largely taught and described from a doctrinal perspective that makes no attempt to see how it is actualy working on the ground. This book assesses how the tort system fares in operation by examining how race and gender influence court decisions in torts cases. A promising direction for scholarship on the tort system.""--BOOK JACKET.
| Author | : George Philemon Voorheis |
| Publisher | : |
| Total Pages | : 674 |
| Release | : 1903 |
| Genre | : Damages |
| ISBN | : |
| Author | : Paul C. Weiler |
| Publisher | : Harvard University Press |
| Total Pages | : 202 |
| Release | : 1993 |
| Genre | : Insurance, Physicians' liability |
| ISBN | : 9780674558809 |
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.
| Author | : Vincent Johnson |
| Publisher | : |
| Total Pages | : 20 |
| Release | : 2017 |
| Genre | : |
| ISBN | : |
The Measure of Injury is an intellectual tour de force of gender and race-based jurisprudence applied to critical issues in the law of torts. In this volume, Martha Chamallas and Jennifer B. Wriggins shed light on numerous issues related to law governing accidents and intentional injuries, while offering insights into the American tort system and the challenges it faces.Chamallas and Wriggins draw upon the feminist theory, critical race theory, and general critical theory in analyzing tort doctrines and evaluating potential reforms. The authors explore how racial perceptions can distort even seemingly neutral inquiries, such as those related to factual causation. In their review of tort precedent related to race and gender, the authors explore a number of important historical topics: the doctrine of coverture, the “nervous-shock” cases, wrongful-death cases, and wrongful-birth cases. Viewed in all of its complexity, the authors' argument seems to be that matters of race should be taken into account by tort law when cognizance will benefit persons who are members of classes that have historically suffered from discrimination, but not otherwise. To the extent that the author's arguments are found to be persuasive, The Measure of Inquiry may play a key role in revolutionizing the compensation of intentional injuries and accidents.
| Author | : George P. Voorheis |
| Publisher | : Forgotten Books |
| Total Pages | : 668 |
| Release | : 2016-09-14 |
| Genre | : Law |
| ISBN | : 9781333583996 |
Excerpt from A Treatise on the Law of the Measure of Damages for Personal Injuries: Including Suggestions on Pleading, Evidence, and Province of Court and Jury, Applicable to the Trial of This Class of Cases There seems to to be a confusion in regard to What is meant by bodily injury. Some authorities hold that bodily injury must be based upon and be confined to some present and immediate physical injury: The test of an injury is its effect upon the body or mind, for the mind is a part of the body when considered in this relation. If the effect of an injury be physiological, rather than psychological, it is a basis for damages. Keeping this rule in mind, the solution of the question becomes easy. The physiological effect may be, but it need not necessarily be, an immediate effect so long as it is the proximate result of the injury as subsequently manifested. Suffering does not depend upon a physical blow, but if suffering be caused it becomes a factor to be recognized and considered, in cause and effect, as any other result, whether it be physical or mental - whatever the degree of difference is between them. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
| Author | : Robert T. Carter |
| Publisher | : Columbia University Press |
| Total Pages | : 274 |
| Release | : 2020-07-21 |
| Genre | : Social Science |
| ISBN | : 0231550138 |
A large body of research has established a causal relationship between experiences of racial discrimination and adverse effects on mental and physical health. In Measuring the Effects of Racism, Robert T. Carter and Alex L. Pieterse offer a manual for mental health professionals on how to understand, assess, and treat the effects of racism as a psychological injury. Carter and Pieterse provide guidance on how to recognize the psychological effects of racism and racial discrimination. They propose an approach to understanding racism that connects particular experiences and incidents with a person’s individual psychological and emotional response. They detail how to evaluate the specific effects of race-based encounters that produce psychological distress and possibly impairment or trauma. Carter and Pieterse outline therapeutic interventions for use with individuals and groups who have experienced racial trauma, and they draw attention to the importance of racial awareness for practitioners. The book features a racial-trauma assessment toolkit, including a race-based traumatic-stress symptoms scale and interview schedule. Useful for both scholars and practitioners, including social workers, educators, and counselors, Measuring the Effects of Racism offers a new framework of race-based traumatic stress that helps legitimize psychological reactions to experiences of racism.
| Author | : Theodore Sedwick |
| Publisher | : BoD – Books on Demand |
| Total Pages | : 914 |
| Release | : 2023-03-15 |
| Genre | : Fiction |
| ISBN | : 3368809679 |
Reprint of the original, first published in 1874.
| Author | : Committee on Injury Prevention and Control |
| Publisher | : National Academies Press |
| Total Pages | : 336 |
| Release | : 1999-01-04 |
| Genre | : Medical |
| ISBN | : 0309593468 |
Injuries are the leading cause of death and disability among people under age 35 in the United States. Despite great strides in injury prevention over the decades, injuries result in 150,000 deaths, 2.6 million hospitalizations, and 36 million visits to the emergency room each year. Reducing the Burden of Injury describes the cost and magnitude of the injury problem in America and looks critically at the current response by the public and private sectors, including: Data and surveillance needs. Research priorities. Trauma care systems development. Infrastructure support, including training for injury professionals. Firearm safety. Coordination among federal agencies. The authors define the field of injury and establish boundaries for the field regarding intentional injuries. This book highlights the crosscutting nature of the injury field, identifies opportunities to leverage resources and expertise of the numerous parties involved, and discusses issues regarding leadership at the federal level.
| Author | : Theodore Sedgwick |
| Publisher | : |
| Total Pages | : 764 |
| Release | : 1891 |
| Genre | : Damages |
| ISBN | : |
| Author | : Nate Holdren |
| Publisher | : Cambridge University Press |
| Total Pages | : 311 |
| Release | : 2020-04-09 |
| Genre | : Business & Economics |
| ISBN | : 1108488706 |
Combining archival research, critical theory, and gender- and disability-analysis, Nate Holdren argues that Progressive Era reform to employee injury law created new employment discrimination against disabled people and a new injury culture that treated employees and their injuries instrumentally.
