Medical liability in Asia and Australasia / Vera Lucia Raposo, Roy G. Beran, editors.

Format:

Book

Contributor:

Raposo, Vera Lúcia,., editor.

Beran, Roy G.,., editor.

Series:

Ius Gentium: Comparative Perspectives on Law and Justice

Ius Gentium: Comparative Perspectives on Law and Justice, 2214-9902 ; Volume 94

Language:

English

Subjects (All):

Medical personnel--Malpractice--Asia.

Medical personnel.

Medical personnel--Malpractice--Australasia.

Physical Description:

1 online resource (318 pages)

Place of Publication:

Singapore : Springer, 2022.

Summary:

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.

Contents:

Intro

Foreword I

Foreword II

Preface

Contents

Contributors

Medical Negligence Law in Australia

1 Introduction

2 Negligence

3 Duty of Care

4 To Whom is the Duty Owed?

5 Duties to Third Parties

6 By Whom is a Duty Owed?

7 Duty to Diagnose and Treat

8 Duty to Diagnose is an On-Going One

9 Diagnosis and Treatment Includes Follow-Up

10 Defence in the Case of Diagnosis and Treatment

11 Duty to Advise of Material Risks

12 Factual Causation

13 Scope of Liability

14 Contributory Negligence

15 Damages

16 Wrongful Birth

17 Wrongful Life

18 Vicarious Liability

19 Non-delegable Duty of Care

References

Medical Malpractice Liability in China (Mainland)

1 An Overview

2 Enterprise Liability of the Medical Intuitions

2.1 The Subject to Assume the Liability

2.2 Nature of the Institution's Liability

3 Liability for Medical Negligence

3.1 Malpractice

3.2 Negligence

3.3 Causation

3.4 Damage

4 Strict Liability of Medical Product and Blood Transfusion

4.1 Liability for Defective Medical Product

4.2 Blood Transfusion Liability

5 The Liability for the Violation of Informed Consent

5.1 General Duty of Informing

5.2 Informed Consent in "Special" Medical Measures

5.3 Physician Privilege

5.4 Incapable Patient

5.5 Compensation Liability

5.6 Emergency Treatment

6 Compensation

Medical Negligence Law in Fiji

2 Duty of Care in Negligence

3 Proof of Negligence

4 Causation

5 Contributory Negligence

6 Expert Evidence

7 Contribution Between Tortfeasors

8 Vicarious Liability

9 Damages

10 Conclusion

Clinical Liability in Hong Kong: Revisiting Duty and Standard of Care

1.1 Duty of Care: Reasonable and Foreseeable

1.2 Standard of Care.

2 Outline of Basic Materials Used in the Chapter

2.1 Table of Cases

3 Discussion of that Material

3.1 The Case

3.2 The Facts and Issues

3.3 The Arguments for Duty of Care

3.4 The Arguments of Proximity, Foreseeability and Fair, just and Reasonable

3.5 Principles to Be Applied

4 Clinical Liability for Psychiatric Injury

4.1 The Case

4.2 Facts

4.3 Issues

4.4 Application of Cases

4.5 Principles of Fair, just and Reasonable

5 Standard of Care in Conducting Medical Assessment

5.1 Case Summary

5.2 Case Analysis

5.3 Would Being a General Medical Practitioner Affect the Standard of Care?

6 Conclusion

Law of Medical Liability in India

2 The Disgruntled Patient and Forums

2.1 Civil Remedy

2.2 Criminal Remedy

3 Complaining to the Professional Regulatory Body

4 Civil Liability

5 Accepting the Patient for Treatment

6 Determining the Course of Treatment

7 Actual Administration of Treatment

8 RES IPSA Loquitur Cases

9 Not Meeting Standard of Care Parameters

10 Criminal Medical Liability

11 Conclusion

Reference

Medical Liability in Indonesia: Overview and Regulatory Trends

2 Medical Liability in Indonesia's Medical Law

3 Medical Liability and the Protection of Patient's Rights in Health Regulations

4 Conclusion

Public Health Care Law and Ethics in Israel

2 The Health Care System in Israel

3 Legislation

4 Public Health and Technology in Israel

5 Regulation of Medical Research and Clinical Trials

6 The Relationships Between Public Health, Law, and Ethics

7 Balancing Between Public Health Issues and Individuals Rights

8 Conclusion

Medical Injury Litigation and Compensation Systems in Japan

1 Introduction.

2 Prosecutions and Their Consequences

3 Civil Liability

4 The No-Fault Compensation System for Obstetrical Injury

5 Conclusion

Medical Liability in Macao

1 Brief Introduction to the Macanese Jurisdiction

2 Basic Features of Civil Medical Liability

2.1 Contract Liability Versus Tort Liability

2.2 Notification of Adverse Events

2.3 Medical Error Expertise Commission

3 Medical Dispute Mediation Centre

4 Basic Features of Medical Criminal Liability

4.1 An Especially Favourable Legal Framework for Healthcare Professionals

4.2 Violation of a patient's Informed Consent

5 The Absence of Relevant Caselaw in Macao

'Medical Negligence in Malaysia: Selected Issues of Liabilities and Damages'?

2 Personal Liability

2.1 Duty of Care to Third Parties

2.2 Standard of Care

3 Institutional Liability

3.1 Public Sector

3.2 Private Sector

4 Aggravated Damages

Medical Liability in New Zealand

2 Accident Compensation

3 Psychiatric Injury

4 Exemplary Damages

5 Proceedings before the Human Rights Review Tribunal

6 New Zealand Bill of Rights

7 Discussion

Medical Negligence Law in Papua New Guinea

3 The Test for Causation

4 Vicarious Liability

5 Damages

Medical Liability in Qatar

2 Liability and the Law

2.1 Criminal Law

2.2 Negligence

2.3 Liability in the Specialities

3 Resolving Disputes Through Hospitals and the Ministry

4 Discussion

Negligence in Russia: Expert Legal Analysis of Adverse Outcomes of Medical Care

2 Expert Legal Assessment of Negligence

2.1 Forensic Examinations of Negligence Cases.

2.2 Prevention of Adverse Consequences for the Healthcare System

2.3 Concept of Negligence

3 Negligence Liability of Medical Professionals

3.1 Characterizing Negligence

3.2 Matters of Classification

3.3 Circumstances Excluding Criminality of an Act

3.4 Grounds for Release from Criminal Liability

4 Specific Aspects of Civil Liability in Negligence Cases

4.1 Basic Principle of Civil Liability

4.2 Presumption of Offender' Guilt

4.3 Employer's Liability for the Damage Caused by an Employee

4.4 Compensation for Injury to Life and Health

5 Discussion

6 Conclusions

The Patient-Centric Turn in Medical Liability in Singapore

2 Overview of the Legal System of Singapore

3 Profession Self-regulation

4 Informed Consent and Trespass to Persons

5 Medical Negligence

Medical Liability in South Korea

1.1 Medico-Legal System in Korea

1.2 Health Care Providers Responsible for Medical Liability

2 Medical Liability and Medical Malpractice

2.1 Contractual Liability

2.2 Tortious Liability and Medical Negligence

2.3 Filing of Medical Malpractice Lawsuit Against Medical Practitioner: Burden of Proof

3 Right to Self-determination and Duty to Explain

4 Medical Dispute Resolution System of Korea

5 Discussion: Recent Changes in Medical Liability in Korea

Medical Malpractice in Taiwan

2 Basic Legal Principles of Medical Malpractice in Taiwan Before 2012

3 Medical Malpractice Litigation in Taiwan

4 Alternative Medical Disputes Resolution Mechanisms in Taiwan

4.1 The Mediation by Township and County-Administered City

4.2 The Mediation by Local Health Authority

4.3 The Mediation by the Court or Referred by the Prosecutor

4.4 Reconciliation.

4.5 Arbitration

5 Public Attitudes Towards Medical Malpractice in Taiwan

6 No-Fault and Quasi-no-Fault Medical Injury Compensation Programs in Taiwan

6.1 Vaccine Injury Compensation Program (VICP)

6.2 Drug Injury Relief Program (DIRP)

6.3 Childbirth Accident Emergency Relief Program (BIERP)

7 Bills on the Medical Dispute Management and Compensation

7.1 The 2012 Bill Regarding Management of Medical Disputes and Compensation for Medical Incidents

7.2 The 2018 Bill Regarding Medical Incident Prevention and Dispute Management

8 Later Development in Legislation Related to Medical Malpractice

9 Later Development of Mechanisms of Alternative Medical Dispute Resolution in Taiwan

References.

Notes:

Description based on print version record.

Other Format:

Print version: Raposo, Vera Lúcia Medical Liability in Asia and Australasia

ISBN:

981-16-4855-7

981-16-4854-9

OCLC:

1286666168