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Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings : Comparative Law Perspectives / edited by Dobrochna Bach-Golecka.

Springer Nature - Springer Law and Criminology eBooks 2021 English International Available online

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Format:
Book
Contributor:
Bach-Golecka, Dobrochna, editor.
Series:
Ius Comparatum - Global Studies in Comparative Law, 2214-689X ; 53
Language:
English
Subjects (All):
Conflict of laws.
International law.
Comparative law.
Mediation.
Dispute resolution (Law).
Arbitration (Administrative law).
Medical laws and legislation.
Public health.
Private International Law, International and Foreign Law, Comparative Law.
Dispute Resolution, Mediation, Arbitration.
Medical Law.
Public Health.
Local Subjects:
Private International Law, International and Foreign Law, Comparative Law.
Dispute Resolution, Mediation, Arbitration.
Medical Law.
Public Health.
Physical Description:
1 online resource (458 pages)
Edition:
1st ed. 2021.
Place of Publication:
Cham : Springer International Publishing : Imprint: Springer, 2021.
Summary:
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.
Contents:
Compensation schemes and extra-judicial solutions in case of medical malpractice. A review of contemporary arrangements
L’indemnisation des dommages résultant des soins de santé et les alternatives aux procédures judiciaires - Rapport belge
Compensation schemes for damages caused by healthcare in Brazil
La responsabilité médicale et hospitalière en droit civil québécois : Principes généraux et alternatives à la voie judiciaire
Medical mal practice and mediation in Cyprus – Mediation as a potential way of resolving medical mal practice disputes
Compensation schemes for damage caused by healthcare and alternatives to court proceedings in Czech Republic
Compensation Schemes for Damages in the Cases of Medical Malpractice: Estonian Perspective
The French Medical Accident Compensation Scheme. A Critical Assessment of the Patients’ Rights Act of 4 March 2002
Legal questions concerning medical malpractice liability: substantive law and its enforcement. Country report Germany.-Challenges and Contradictions about Medical Malpractice in Hungary
Compensation schemes for damages caused by healthcare and alternatives to court proceedings in Italy
Liabilities for Damages Resulting from Medical Treatment and Dispute Resolution System in Japan
Innovating Compensation for Medical Liability in the Netherlands
Medical Injury in New Zealand
Medical Negligence Proceedings in Singapore: Instilling a Gentler Touch
Damages in medical malpractice cases and alternatives to court proceedings: a Slovenian perspective
Excessive litigation for harm arising from medical malpractice in South Africa: underlying reasons, deleterious consequences and potential future reform
Compensation schemes for damages caused by healthcare and alternatives to court proceedings. National report Taiwan
Alternative Compensation Schemes for Medical Malpractice in the United Kingdom
ANNEX: Questionnaire: „Compensation schemes for damages caused by healthcare and alternatives to court proceedings”.
ISBN:
3-030-67000-7
OCLC:
1252429371

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