Dissertations / Theses on the topic 'Medical laws and legislation – France'
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Sandvick, Clinton Matthew. "Enforcing Medical Regulation in the United States 1875 to 1915." Thesis, Connect to title online (Scholars' Bank), 2008. http://hdl.handle.net/1794/7783.
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Meurer, Christina. "Außergerichtliche Streitbeilegung in Arzthaftungssachen unter besonderer Berücksichtigung der Arbeit der Gutachterkommissionen und Schlichtungsstellen bei den Ärztekammern /." Berlin : Springer, 2008. http://www.myilibrary.com?id=149110.
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Ding, Chunyan. "Medical negligence law in transitional China a patient in need of a cure /." Click to view the E-thesis via HKUTO, 2009. http://sunzi.lib.hku.hk/hkuto/record/B43913696.
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Rutayisire, Paul. "La faute lourde du travailleur: étude comparative des droits burundais, belge et français du travail." Doctoral thesis, Universite Libre de Bruxelles, 1988. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213302.
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Boy, Anthony Albert. "Dismissal for medical incapacity." Thesis, Nelson Mandela Metropolitan University, 2004. http://hdl.handle.net/10948/d1016262.
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Labour law in South Africa has evolved over the past century at an ever increasing pace. The establishment of a democratic government in 1995 has been the trigger for a large number of labour law statutes being promulgated, particularly with reference to the laws governing the employment relationship and dismissal. From very humble and employer biased dispute resolution application under the common law of contract, labour law in this country has evolved through the various acts culminating in a labour law system which is highly regulated and codified. Dismissal for medical incapacity in this treatise is reviewed with regard to the applicable statutes and the various codes of good practice as the law has evolved and developed from the period covered by the common law through that covered by the 1995 LRA up to and including the current period. Particular attention is paid to both substantive and procedural requirements as well as the remedies applicable under the different legal regimes and the pertinent tribunals and courts. Regard is also given to the duration and causes of incapacity and the effect this may have on the applicable remedy applied by these tribunals. It will become apparant that the medically incapacitated employee occupied a relatively weak and vulnerable position under the common law as opposed to the current position under the 1995 LRA. The influence of the remedies applied by the tribunals under the 1956 LRA are clearly evident in the current regulations and codes under the 1995 LRA which contain specific statutory provisions for employees not to be unfairly dismissed. Distinctions are drawn between permissible and impermissible dismissals, with medical incapacity falling under the former. Furthermore, a distinction is drawn statutorily between permanent and temporary illhealth/injury incapacity with detailed guidelines for substantive and procedural fairness requirements to be met by employers. The powers of the specialist tribunals (CCMA, Bargaining Councils and Labour Courts) are regulated by statutory provisions and deal with appropriate remedies (reinstatement and/or compensation) a wardable in appropriate circumstances. Certain specific areas nonetheless still remain problematic for these tribunals and hence questions that require clear direction from the drafters of our law are: How to distinguish misconduct in alcohol and drug abuse cases? What degree of intermittent absenteeism is required before dismissal would be warranted? In certain other areas the tribunals have been fairly consistent and prescriptive in their approach and remedies awarded. Included here would be permanent incapacity, HIV cases and misconduct. It will emerge, however, that under the 1995 LRA the position of employees and the protections afforded them have been greatly increased.
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麥栢文. "國際傳統醫藥政策法規的歷史回顧." HKBU Institutional Repository, 2012. http://repository.hkbu.edu.hk/etd_ra/1349.
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Sickor, Jens Andreas. "Normenhierarchie im Arztrecht." Berlin [u.a.] Springer, 2005. http://dx.doi.org/10.1007/3-540-27643-2.
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Rütz, Eva Maria K. "Heterologe Insemination - die rechtliche Stellung des Samenspenders Lösungsansätze zur rechtlichen Handhabung /." Berlin : Springer, 2008. http://site.ebrary.com/id/10217538.
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Ding, Chunyan, and 丁春艳. "Medical negligence law in transitional China: a patient in need of a cure." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2009. http://hub.hku.hk/bib/B43913696.
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Province, Diana. "An examination of the purity laws regarding childbirth and menstruation in Leviticus." Portland, Or. : Theological Research Exchange Network (TREN), 2005.
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Province, Diana. "An examination of the purity laws regarding childbirth and menstruation in Leviticus." Theological Research Exchange Network (TREN), 1994. http://www.tren.com.
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Griggs, Steven Frank. "Professionalisation, policy networks and the development of French health policy : the rise of hospital directors, the Syndicat National des Cadres Hospitaliers, 1976-1991." Thesis, London School of Economics and Political Science (University of London), 1999. http://etheses.lse.ac.uk/2872/.
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As governments have grappled with the demands of cost containment policies in health care, a series of challenges have arisen to the 'privileged' position of medical professionals in public health care systems. Hospital managers and administrators have contested medical control of the health policy agenda and the allocation of resources. This managerial challenge raises important questions about how new groups or lobbies have emerged in health policy-making, and about the capacity of governments to induce change within professional policy networks. The thesis explores these issues by analysing the development of French hospital management policy from initial measures towards cost containment launched in 1976 to the complete re-writing of previous legislation on public hospitals in 1991. The policy networks shaping hospital management policy have been transformed by the development of the French corps of public hospital directors and its largest trade union, the Syndicat National des Cadres Hospitaliers (SNCH). Through the 1980s, the SNCH evolved its own programme for hospital management reform, and its members rose to occupy pivotal positions during the decision-making process which led to the 1991 Hospital Law. The thesis highlights the role of politicians in transforming policy networks by making top-down changes in the regulation and financing of policy systems, and by fostering bottom-up changes in the balance of influence between professional groups and in the local management of hospitals. In addition to political influence and contingent professional changes, the study examines how policy systems can have their own logic of development, which powerfully shape long-run patterns of change in the health policy sector.
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Lapere, Jan Noel Romain. "Occupational medical examinations and labour law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/302.
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South Africa’s Constitution and the Employment Equity Act have a major impact on the performance of medical examinations within the employment relationship. Health and safety statutes list a number of occupational medical examinations, which an employer must perform. Other legislation permits the execution of medical examinations. After listing the different statutory references to occupational medical examinations, this treatise examines under which conditions medical testing is required or permissible. The fairness of employment discrimination based on medical facts, employment conditions, social policy, distribution of employee benefits and inherent job requirement is analysed through a study of the legal texts, experts’ opinions and case studies. The particularities of the ethical and legal duties of the medical professional, performing the occupational medical examination, are also examined. Finally, a comprehensive analysis of the different forms of occupational medical examinations is compiled by combining legal and policy-related job requirements and is attached as an annexure. This is the practical result of the research in this treatise combined with the personal experience of the author.
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Killinger, Elmar. "Die Besonderheiten der Arzthaftung im medizinischen Notfall." Berlin ; Heidelberg : Springer, 2009. http://d-nb.info/99447962X/04.
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Enga, Kameni Innocent. "TRIPS and the WTO August 2003 deal on medicines: is it a gift bound in a red tape to developing countries." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&.
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Mahmood, Aklaaq Ahmed. "A review of the reform legislation relating to medical schemes in South Africa : 1994 to 2007." Thesis, Stellenbosch : University of Stellenbosch, 2007. http://hdl.handle.net/10019.1/884.
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Thesis (MBA (Business Management))--University of Stellenbosch, 2007.ENGLISH ABSTRACT: The democratic government of South Africa inherited a healthcare system that was fragmented and inequitable. The Department of Health was mandated by the Constitution and the Bill of Rights to implement a system whereby quality, affordable healthcare could become available to all citizens of the country within the constraints of the available resources. The objective of government, through reform legislation, is to establish a social health insurance (SHI) system for the country which will ultimately lead to the implementation of a national health insurance (NHI) system in order to achieve universal coverage. Medical schemes have been identified as an important component of this transformation process. The private healthcare industry, represented largely by medical schemes, acknowledges that SHI is the ideal pathway chosen by government to achieve universal coverage, but is concerned with the process being used to achieve this aim, the pace at which transformation is occurring, and the effect of this on medical schemes. The movement towards an equitable healthcare system required the introduction of reform legislation necessary for the establishment of an enabling environment. The implementation of community rating, open enrolment and prescribed minimum benefits (PMBs) reforms, succeeded in ending the risk-rating of those medical schemes that were excluding members who were considered vulnerable. However, these legislations were not followed by a risk equalisation mechanism in the form of a proposed risk equalisation fund (REF) for the South African environment. The main purpose of this fund is to ensure that equity within the medical schemes industry is maintained through the equalisation of the risks that had resulted from the implementation of the first components of reform legislation. The research into the experiences of other countries shows that South Africa is the only country in the world that has implemented the above legislation without a system of risk equalisation. All indications are that the proposed implementation of the REF has been delayed to beyond 2009. In addition, the reform legislation regarding the statutory solvency ratio requires medical schemes to maintain this ratio at 25 percent. This, together with the delay in REF is placing financial pressure on medical schemes. Low income medical schemes (LIMS) legislation is pending implementation. Its purpose is to provide basic medical cover to the lower income market until such time that the components of SHI have been fully negotiated; it is thus an interim measure, but no indication to implement LIMS has yet been given. The average number of years for a country to implement SHI is 70. The South African situation is only 13 years old and though some success has been achieved during this relatively short period, much more still needs to be accomplished. The research shows that, the approximate timelines and intended sequence of implementing the reform legislation were perhaps too ambitious. This has caused the industry stakeholders to be disillusioned about the current state of affairs. Given the time that has elapsed, and considering the progress that has been made thus far, it is recommended that the existing plan be revised or even replaced with a more realistically timed one. This will restore some of the confidence into the “future healthcare vision of universal coverage” for South Africa intended by the government, through a system of social health insurance.
AFRIKAANSE OPSOMMING: Die demokratiese regering van Suid-Afrika het ‘n gesondheidsorgstelsel geërf wat gefragmenteerd en onregverdig was. Die Departement van Gesondheid het in die Grondwet en die Handves van Menseregte die mandaat gekry om ‘n stelsel te implementeer waarvolgens bekostigbare gesondheidsorg van goeie gehalte vir alle landsburgers beskikbaar kon word binne die beperkinge van die beskikbare hulpbronne. Die regering se doelwit met hervormingswetgewing is om ‘n maatskaplike gesondheidsversekeringstelsel (SHI) vir die land daar te stel wat uiteindelik sal lei tot die implementering van ‘n nasionale gesondheidstelsel (NHI) met die oog op universele dekking. Mediese skemas is geïdentifiseer as ‘n sleutelkomponent van hierdie transformasieproses. Die privategesondheidsorgindustrie, wat grotendeels deur mediese skemas verteenwoordig word, erken dat SHI die ideale weg is wat deur die regering gekies is om universele dekking te bereik, maar is besorg oor die proses wat gebruik word om hierdie doelwit te bereik, die pas waarteen transformasie geskied, en die uitwerking hiervan op mediese skemas. Die beweging na ‘n regverdige gesondheidsorgstelstel het vereis dat hervormingsgswetgewing ingestel word soos nodig vir die daarstelling van ‘n omgewing wat dit moontlik maak. Die implementering van gemeenskapsevaluering, oop lidmaatskap en hervorming van voorgeskrewe minimum voordele (PMB’s) was suksesvol vir die beëindiging van die risikoevaluering van daardie skemas wat lede uitgesluit het wat as kwesbaar beskou is. Maar hierdie wetgewing is nie opgevolg deur ‘n risikogelykstellingsmeganisme in die vorm van ‘n voorgestelde risikogelykstellingsfonds (REF) vir die Suid-Afrikaanse omgewing nie. Die hoofdoelwit van hierdie fonds is om te verseker dat gelykheid binne die mediesefondsindustrie gehandhaaf word deur die gelykstelling van risiko’s wat die gevolg was van die implementering van die aanvanklike hervormingswetgewing. Navorsing oor die ondervinding in ander lande toon dat Suid-Afrika die enigste land in die wêreld is wat sodanige wetgewing geïmplementeer het sonder ‘n stelsel van risikogelykstelling. Alle tekens dui daarop dat die voorgestelde implementering van die REF uitgestel is tot na 2009. Daarbenewens vereis die hervormingswetgewing ten opsigte van die statutêre solvensieverhouding dat mediese skemas hierdie verhouding op 25% handhaaf. Tesame met die vertraging in REF plaas dit finansiële druk op mediese skemas. Lae-inkomstemedieseskemas (LIMS) is verdere hervormingswetgewing wat wag op implementering. Die doel daarvan is om basiese mediese dekking te voorsien aan die laer-inkomstemark totdat die komponente van SHI ten volle onderhandel is. Dit is dus ‘n oorgangsmaatreël, maar daar is nog geen aanduiding gegee van die implementering van LIMS nie. Die gemiddelde tyd wat dit neem vir ‘n land om SHI te implementeer, is 70 jaar. Die Suid-Afrikaanse situasie is net 13 jaar oud, en hoewel daar heelwat sukses behaal is in hierdie relatief kort tydperk, moet daar nog baie meer bereik word. Navorsing toon dat die geskatte tydperk en voorgenome opeenvolging van die implementering van die hervormingswetgewing dalk te ambisieus was. Dit het veroorsaak dat die belanghebbers in die industrie ontnugter is oor die huidige stand van sake. Met inagneming van die tyd wat verloop het en die vordering wat tot dusver gemaak is, word daar aanbeveel dat die bestaande plan hersien word of selfs vervang word deur een met ‘n meer realistiese tydsbeperking. Dit sal ‘n mate van vertroue herstel in die Suid-Afrikaanse Regering se “toekomsvisie van universele gesondheidsdekking” deur ‘n stelsel van maatskaplike gesondheidsversekering.
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Mehringer, Rolf. "Die Anfängeroperation : Zwischen Patientenrechten und Ausbildungsnotwendigkeit /." Berlin : Springer, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=2887448&prov=M&dok_var=1&dok_ext=htm.
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Zhang, Lei. "Uncompensated Care Provision and the Economic Behavior of Hospitals: the Influence of the Regulatory Environment." Diss., unrestricted, 2008. http://etd.gsu.edu/theses/available/etd-02242009-152847/.
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Thesis (Ph. D.)--Georgia State University, 2008.Title from file title page. Paul G. Farnham, committee chair; Patricia G. Ketsche , Douglas S. Noonan (Ga. Tech.), Shiferaw Gurmu, Karen J. Minyard, William S. Custer, committee members. Description based on contents viewed June 11, 2009. Includes bibliographical references (p. 146-153).
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Hone-Warren, Martha. "Exploration of school administrator attitudes regarding implementation of do not resuscitate policy in the elementary and secondary school setting." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2695.
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No previous study has attempted to clarify and articulate administrator attitudes regarding DNR orders in the school setting. Administrative school staff are responsible for development and implementation of school policy therefore understanding administrators' attitudes would assist discussion and decision making related to DNR orders in the school setting.
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Dürckheim, Philipp von. "Gesundheitsschutz im europäischen Gemeinschaftsrecht : Kompetenzverteilung, individualrechtliche Aspekte /." Hamburg : Kovač, 2000. http://www.gbv.de/dms/ilmenau/toc/315901756.PDF.
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鄭華山. "澳門醫療事故法立法之論析." Thesis, University of Macau, 2008. http://umaclib3.umac.mo/record=b1943640.
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Köhler-Hohmann, Christel. "Die Teilnahme der Ärzte- bzw. der Heilkunde-GmbH an der vertragsärztlichen Versorgung /." Frankfurt am Main [u.a.] : Lang, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016084716&line_number=0002&func_code=DB_RECORDS&service_type=MEDIA.
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溫靜. "試論醫方的告知說明義務 = Talk about the obligations to inform the patients." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120094.
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徐秀玲. "論醫療事故的法律性質 : 合同及非合同責任." Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580085.
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Loff, Beatrice. "Health and human rights : case studies in the potential contribution of a human rights framework to the analysis of health questions." Monash University, Dept. of Epidemiology and Preventive Medicine, 2004. http://arrow.monash.edu.au/hdl/1959.1/5291.
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Paternotte, David. "Sociologie politique comparée de l'ouverture du mariage civil aux couples de même sexe en Belgique, en France et en Espagne: des spécificités nationales aux convergences transnationales." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210404.
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Cette thèse de doctorat étudie les mouvements LGBT en Belgique, en France et en Espagne à travers une double comparaison (entre les cas et à travers le temps) qui intègre également les échanges et influences transnationaux et internationaux. Elle examine l’émergence et le développement de la revendication d’ouverture du mariage civil aux couples de même sexe dans ces pays, analysant les convergences en termes de contenu des demandes et de timing des mobilisations. Par conséquent, elle porte sur des convergences au niveau des mouvements sociaux, à l’inverse de la majeure partie de la littérature, qui se concentre sur les convergences de politiques publiques. Cette situation impose de construire une grille d’analyse basée sur la littérature sur les mouvements sociaux, les politiques publiques et les relations internationales (influence des normes internationales). Le développement des revendications relatives au droit au mariage a été retracé de manière généalogique depuis la fin des années 1980. La comparaison repose sur la méthode du most different systems design et un travail empirique important combinant analyse documentaire et entretiens a été réalisé. Cette thèse confirme l’importance de l’étude des échanges et des influences internationaux et transnationaux pour comprendre la politique domestique et insiste sur l’influence cruciale du réseautage transnational sur les revendications des mouvements sociaux. Elle révèle aussi quelques cas de diffusion entre mouvements sociaux et montre comment des caractéristiques et des contraintes communes peuvent inciter les mouvements sociaux à formuler des revendications similaires. Par ailleurs, les discours en faveur du droit au mariage ont été analysés avec soin. L’émergence de cette revendication a aussi été mise en perspective sur le plan historique, ce qui implique de réfléchir aux modalités de transformation des mouvements LGBT au cours des trente dernières années. Pour terminer, la notion de citoyenneté sexuelle a été interrogée et la manière dont l’accès à la citoyenneté a été posé a été examinée à partir du concept de resignification proposé par Judith Butler. This dissertation looks at LGBT movements in Belgium, France and Spain through a double comparison (between cases and through time), which also takes into account transnational and international exchanges and influences. It investigates the simultaneous emergence and development of same-sex marriage claims in these countries, examining convergences in the content of the claims and the timing of protest. Therefore, it looks at convergences at the level of social movements, unlike most of the literature, which focuses on convergences in public policies. This specific research interests implies building an analytical model based on the literature on social movements, public policies and international relations (influence of international norms). It has also required a genealogical account of the development of same-sex marriage claims in each country from the end of the eighties until now. The comparison is based on the most different systems design method, and an extensive field work combining archives analysis and interviews has been carried out. This dissertation confirms the importance of taking into account international and transnational exchanges and influences to understand domestic politics, and insists on the crucial influence of transnational networking on social movements claims. It also discloses some cases of diffusion between social movements and shows how common characteristics and constraints may induce social movements to make similar but independent decisions. Discourses in favour of same-sex marriage have been carefully analysed, and the emergence of this claim has been put into a historical perspective. This implies a reflection on the transformations of the LGBT movement over the last thirty years. Finally, this dissertation interrogates the notion of sexual citizenship and examines the specific mechanisms through which access to citizenship has been proposed, discussing Judith Butler’s concept of resignification.
Doctorat en Sciences politiques et sociales
info:eu-repo/semantics/nonPublished
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Bester, Juan. "The political economy of the intellectual property rights regime : Aids and the generic medicine debate in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53144.
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Thesis (MA)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: This thesis is a descriptive and interpretive study into the political economy of intellectual property rights, the conceptual and practical implications for the phenomenon of global governance, and how developing countries experience problems with the implementation of national policies that infringe on international intellectual property rights. The specific area of interest is the generic medicine debate that ensued in South Africa after the alleged violation of patent rights of anti-HIV/Aids drugs by the Department of Health. The research question that is addressed is to what extent has the existing international intellectual property rights regime been influenced and/or undermined by South Africa's intended application of WTO regulations in terms of compulsory licensing and parallel imports of "essential" medicines. In doing so, the paper examines the roles of the important states, international organisations, institutions, and private sector firms within the sphere ofthe political economy of intellectual property and how they impede upon or improve the functioning of the intellectual property rights regime. The methodology entails analytical inquiries into documentary evidence on the nature of the international intellectual property rights regime. Areas that are examined are the agendas of the important actors, namely states and their respective departments; individuals and firms; and international organisations. The concept of intellectual property is examined to determine its dynamic role within the generic medicine debate. The thesis concludes that the agendas of pharmaceutical firms and states are exploiting current political stalemates in the negotiations for a fair intellectual property rights regime. National health agencies, and specifically the South African Department of Health, are under enormous pressure to provide affordable health services. Specifically, the US Government and US pharmaceutical firms are dominating discussions on the architecture of the international intellectual property law regime. By using an analysis incorporating systemic, domestic interest, institutional, and ideational perspectives, it is argued that South Africa's drive for a more distributive intellectual property rights regime has placed the issue of health, Aids and generic medicine firmly within the sphere of the political economy of trade agreements.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n deskriptiewe en 'n interpretiewe studie oor die politieke ekonomie van intellektuele eiendomsregte, die konseptuele en praktiese implikasies vir die verskynsel van globale regering, en hoe ontwikkelende lande probleme ervaar met die implimentering van nasionale beleid wat internasionale intellektuele eiendomsregte aantas. Die spesifieke area van belang is die generiese medisyne debat wat onstaan het na die beweerde skending van patentregte van anti-HIVNigs medisyne deur die Departement van Gesondheid. Die navorsingsvraag wat beantwoord word behels die omvang van die impak van Suid- Afrika se voorgenome toepassing van WTO bepalinge, met betrekking tot die verpligte lisensiering en parallelle invoer van "essensiele" medisyne, op die bestaande internasionale intellektuele eiedomsreg regime. Hierdie tesis ondersoek vervolgens die rol van state, internasionale organisasies, instellings, en privaat sector firmas binne die sfeer van die politieke ekonomie van intellektuele eiendom en hoe hulle afsonderlik die funksionaliteit van die intellektuele eiendomsregte regime beïnvloed. Die metodologie behels 'n analitiese ondersoek van die literatuur oor die aard van internasionale intellektuele eiendomsreg regimes. Areas wat ondersoek word, is die agendas van belangrike akteurs, naamlik die staat en sy onderskeie departemente; individue en firmas; asook internasionale organisasies en instellings. Die konsep van intellektuele eiendom word ondersoek om die dinamiese uitwerking daarvan op die generiese medisyne debat te verstaan. Hierdie tesis voer aan dat die agendas van firmas, spesifiek farmaseutiese firmas en state die huidige politieke dooiepunt in die onderhandeling rondom 'n regverdige intellektuele iendomsregte-regime, uitbuit. Nasionale instellings, soos die Suid-Afrikaanse Departement van Gesondheid, is onder groot druk om bekostigbare gesondheidsdienste te lewer. Die VSA en farmaseutiese firmas domineer onderhandelinge vir 'n nuwe struktuur vir die internasionale eiendomsregte-regime. Deur gebruik te maak van 'n analitiese raamwerk wat sistemiese, interne belange, institusionele, en ideologies perspektiewe inkorporeer, word daar geargumenteer dat Suid-Afrika se pogings om 'n meer distributiewe intellektuele eiendomsregte regime te verseker, die probleem van gesondheid, Vigs, en generiese medisyne binnne die sfeer van die politieke ekonomie van handelsooreenkomste, plaas.
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NOWENSTEIN, PIERY Graciela. "The social fate of French law on presumed consent to organ donation : the failure of an attempt to modify behaviour by law?" Doctoral thesis, 2005. http://hdl.handle.net/1814/5340.
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Defence date: 11 June 2005Examining board: Prof. Giafnranco Poggi (supervisor, European University Institute, Florence) ; Prof. Simone Bateman (University of Paris V) ; Prof. John Griffiths (University of Groningen) ; Prof. Martin Kohli (European University Institute, Florence)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
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ENGBLOM, Samuel. "Self-employment and the personal scope of labour law : comparative lessons from France, Italy, Sweden, the United Kingdom and the United States." Doctoral thesis, 2003. http://hdl.handle.net/1814/4616.
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First made available online on 13 March 2013.Supervisor: Prof. Silvana Sciarra
Defence date: 26 September 2003
The past two decades has seen a growing interest, from both policy makers and scholars, in the legal regulation of work performed by self-employed workers. Increases in non-agricultural selfemployment in industrialised countries, together with political and ideological shifts, have fuelled interest in self-employment as a means of increasing employment. The attractions of selfemployment are manifold. To firms, self-employment is part of a two-fold change in the way firms operate: the move towards more flexibility as to the size and composition of the workforce, marked by an increased use of atypical workers and the disintegration of firms by arranging production through outsourcing, subcontracting and franchising. To workers, self-employment offers the greater autonomy connected with being their own boss, a chance of higher returns, or, at least, opportunities of gainful employment in times of high unemployment. To governments, self-employment has been seen as a means of increasing the number of small businesses, supposedly beneficial to the creation of new employment. Encouraging and removing barriers to self-employment is, therefore, a priority for many governments.
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SCHROEDER, Francoise. "The working time directive and its impact on France and the United Kingdom." Doctoral thesis, 2001. http://hdl.handle.net/1814/5628.
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Garcia, Regiane. "A critical analysis of public participation in health policy choice in Brazil." 2007. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=788659&T=F.
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Murphy, Brian. "Cost shifting in health care : a pilot study explores the relationships between cost shifting, repetitive strain injury, the Workplace Safety and Insurance Board of Ontario, and publicly funded health care /." 2003. http://wwwlib.umi.com/cr/yorku/fullcit?pMQ82946.
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Adams, Justin. "A comparative analysis of six international chiropractic regulatory systems." Thesis, 2014. http://hdl.handle.net/10321/1053.
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Submitted in partial compliance with the requirements for the Masters’ Degree in Technology: Chiropractic, Durban University of Technology, 2014.Background: The function and roles of legislation primarily provide a protective function for the public by preserving their fundamental rights. Legislation also maintains the legitimacy of the professions and aids in defining the scope of practice within the profession. Legislation may however affect the international migration of practitioners, in addition to geographical proximity, shared language, customs and educational curricula as well as historical links. There is no published literature that compares chiropractic legislation in regulated countries, thus no understanding of where possible similarities and differences exist and the impact they may have on the migration of chiropractors Objective: The main objective of the study is to aid in increasing the understanding of the values, structures and operations of various international chiropractic regulatory systems with the goal of identifying the similarities and differences (viz. compare) between these chiropractic regulatory systems. Method: Six countries with chiropractic Legislation were selected using purposive sampling based on the number of practicing chiropractors. The USA was divided into states with the top three selected according to practicing chiropractors, Canada was divided and the top province selected based on practicing chiropractors. Information and data was obtained via desk based research and additional information was gathered by the researcher from the registrar of the respective regulatory bodies. Results: A variety of factors were identified that may either aid in or hinder the mobility of chiropractors across jurisdictions. By analysing the legislative documents, it was found that regulatory bodies remain similar in content and structure however significant differences were also found. Conclusion: In conclusion, regulatory bodies and their governing documents and procedures remain similar in content and structure. However the study revealed differences factors that could possibly affect the mobility of chiropractors across jurisdictions. These areas identified included: Educational standards and processes, competency maintenance, registration requirements (local and foreign), disciplinary procedure and processes and constraints placed by supranational bodies.
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Bierman, Johanna Katriena. "Legal limitations in primary health care nursing practice." Thesis, 2012. http://hdl.handle.net/10210/4392.
Full textAbstract:
M.Cur.The legal limitations in the practice of the Primary Health Care nurse (PHC nurse)' in the RSA have direct implications for the achievement of the goal "Health for all by the year 2000". The questions which had to be answered by means of the research are in relation to the legal limitations, the nature and scope of the limitations as well as to how these limitations should be addressed in order to facilitate the practice of the PHC nurse. A content analysis of selected health legislation was done and recommendations formulated to amend and/or clarify certain health legislation. The research design is an exploratory descriptive study with a qualitative research orientation. A content analysis of certain professional and relevant health legislation showed legal limitations in the practice of the PHC nurse. Experts in the field of PHC who were interviewed confirmed that there are limitations in the practice of the PHC nurse. The limitations identified were the following: • limitations in certain health professions and other health legislation • limitations caused by the interpretation of legislation by health professions • limitations due to the attitudes and perceptions of medical practitioners, pharmacists and nurses in respect of the role and functions of the PHC nurse The conclusions indicate that there are limitations in the practice of the PHC nurse which have direct implications for the achievement of the objectives of the National Health Policy, 1989. Recommendations include the amendment of certain health legislation, addressing limitations caused by attitudes and perceptions at educational, professional, policy making and management levels, for nurses, medical practitioners and pharmacists.
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MAKARA, Kamila. "The development of patients' rights in cross-border health care and its impact on the member states of the European Union." Doctoral thesis, 2012. http://hdl.handle.net/1814/25201.
Full textAbstract:
Examining Board: Professor Marie-Ange Moreau, Lumière University Lyon 2, (EUI Supervisor); Professor Loïc Azoulai, European University Institute; Professor Achim Seifert, University of Jena; Professor Łukasz Pisarczyk, University of Warsaw.Defence date: 17 November 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The impact of the EU law on patients' rights in cross-border health care on national health care systems was subject to many fervent debates among European academics. For all the rhetoric of that debate, beneath it lies an attempt to delimit the boundaries of EU competences. These were determined by the Court’s interpretation of the Treaties. However, the recent development of patients' rights has escaped the boundaries of this interpretation and broadened the influence of patients' free movement rights into social fields. The primary concern is to answer the question about the cause which brought the Member States to give up their sovereignty for the sake of the internal market and about the effects of these sacrifices for the EU, the States and European citizens respectively. The detailed analysis of the development of EU law on cross-border health care proves that this system was an inescapable result of the decisions taken decades ago. Furthermore, by examining the different definitions and meanings of the European Social Model, the argument is explored that EU law on patients' rights, in its present form, can be considered to be not only a factor enriching the European Social Model but also an actual part of it. A new type of solidarity among the Member States and the citizens of the European Union exists, namely functional solidarity. The subject of cross-border health care has been analysed by academics in all possible ways. However, the points of view of the countries that only recently joined the Union are different to the points of view of the states that participated in the creation of the cross-border health care system. The aim of this thesis is to contribute to the debate by placing focus on the fact that there is a very important difference between the effects caused by the development of the cross-border health care systems in "Old” and "New” Member States. The thesis will describe the impact of EU law on cross-border health care in the national systems and the opposition raised against it. The objective of this work is specific. It aims to underline the difference in the impact of cross-border health care on "Old” and "New” Member States, as well as the different interests of these two groups of states in relation to EU health care policy. The intention is not only to give an empirical impression of the impact of European integration on the set-up of healthcare states, but also to explore the different tensions caused by the cross-border health care system and the different expectations of it. An attempt will be made to prove that the relation between the EU law and the national health care systems was built on two-way influence. Not only did the Member States alter their health care systems to accommodate the rules of the internal market, but that the system of co-ordination of social security also had to be adapted in order to fit the multiple national systems.
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Rosenberg-Yunger, Zahava R. S. "Tradition, modernity and the dying process : secular ideologies and Judaism /." 2004. http://gateway.proquest.com/openurl?url%5Fver=Z39.88-2004&res%5Fdat=xri:pqdiss&rft%5Fval%5Ffmt=info:ofi/fmt:kev:mtx:dissertation&rft%5Fdat=xri:pqdiss:MQ99380.
Full textAbstract:
Thesis (M.A.)--York University, 2004. Graduate Programme in Interdisciplinary Studies.Typescript. Includes bibliographical references (leaves 87-95). Also available on the Internet. MODE OF ACCESS via web browser by entering the following URL: http://gateway.proquest.com/openurl?url%5Fver=Z39.88-2004&res%5Fdat=xri:pqdiss&rft%5Fval%5Ffmt=info:ofi/fmt:kev:mtx:dissertation&rft%5Fdat=xri:pqdiss:MQ99380
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Mitnovetski, O. "An historical and contemporaneous analysis of patenting of methods of medical treatment of human beings in Australia and overseas." Thesis, 2008. https://eprints.utas.edu.au/20929/1/whole_MitnovetskiOksana2008_thesis.pdf.
Full textAbstract:
This thesis makes an historical and contemporaneous analysis of patenting of methods of medical treatment of human beings in Australia and other common law jurisdictions that derived their origin from the UK law. The issue of patenting of methods of medical treatment has never been an easy question to discuss for it raises public policy considerations surrounding this area. The main difficulty derives from the conflict between the intellectual property and practice of medicine. There is a public policy concern that in order to ensure the best possible health treatment, physicians must always be free in their choice of treatment. Since a patent may restrict this freedom, many countries around the globe prohibit methods of medical treatment from being granted patent protection. Yet, Australian courts decided to depart from those exclusions.
This thesis examines how courts deal with express exclusions of patents for method of medical treatment and how such exclusions can be avoided by creative drafting of patent specifications. It will also examine the approach taken in Australia where there are no express exclusions. It first provides the descriptive background of the case law in UK, Member States of the European Patent Convention, Canada, Israel, New Zealand, US and Australia in order to make a comparative analysis of the approaches adopted in these countries in dealing with the issue, and in order to establish the framework around which the doctrinal issues can be analysed.
Against this background an examination of the origins of the patent law is necessary in order to fully assess the interpretation of patent legislation by courts and consequences of such interpretation for medical profession. The thesis investigates the pre-enacting history of the 1624 Statute of Monopolies in order to analyse whether patenting of methods of medical treatment of human beings is 'generally inconvenient' within the meaning of the proviso to s 6 of the Statute of Monopolies, which in turn, form a part of s 18 (1) of the Patents Act 1990 (Cth).
The analysis of early patent law cases at the time they were argued and decided will lead to the conclusion that the actual original meaning of the term 'generally inconvenient' has been wrongly interpreted and applied by modern courts. The thesis considers the role of the courts in deciding whether methods of medical treatment should be granted patent protection and whether judges should and/or have ability to make moral or public policy judgments in interpreting statutes.
The thesis explore the consequences of interpretation of 'generally inconvenient' as a main public policy objection to granting patents for methods of medical treatment. It concludes that it is questionable whether the term 'generally inconvenient' includes public policy considerations in its scope, and though there may be some circumstances where a patent to method of medical treatment should be rejected on public policy grounds, 'generally inconvenient' does not provide a basis upon which patents to methods of medical treatment can be denied.
The thesis is that such methods should not be expressly excluded from patenting. Each method must be treated equally with other inventions and examined on its merits, on case by case basis. The tensions associated with patents for methods of medical treatment can be resolved within patent legislation by making the public policy ground for objection a separate criterion for patentability, equally relevant for any invention. Accordingly, the author argues that legislative amendments are necessary to rectify the existing problem and makes a number of proposals to this effect. The author also suggests the involvement of an independent body to make public policy decisions.
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Rush, Joan L. "Stillborn autonomy : why the Representation Agreement Act of British Columbia fails as advance directive legislation." Thesis, 2005. http://hdl.handle.net/2429/17543.
Full textAbstract:
An advance directive is an instruction made by a competent person about his or her
preferred health care choices, should the person become incapable to make treatment
decisions. Legal recognition of advance directives has developed over the last half
century in response to medical advances that can prolong the life of a patient who is no
longer sentient, and who has decided to forego some or all treatment under such
circumstances. Two types of directive have emerged in the law: an instructional
directive, in which a person sets out treatment choices, and a proxy directive, which
enables the person to appoint a proxy to make treatment decisions.
Development of the law has been impeded by fear that advance directives diminish
regard for the sanctity of life and potentially authorize euthanasia or assisted suicide. In
Canada, this fear explains the continued existence of outdated criminal law prohibitions
and contributes to provincial advance directive legislation that is disharmonized and
restrictive, in some provinces limiting personal choice about the type of advance directive
that can be made. The British Columbia Representation Agreement Act (RAA)1 is an
example of such restrictive legislation. The RAA imposes onerous execution
requirements, is unduly complex and restricts choice of planning instrument.
Respect for patient autonomy requires that health care providers honour patients'
prospective treatment preferences. Capable persons must have ready access to a choice
of health care planning instruments which can be easily executed. B.C. should
implement advance directive legislation that meets the needs and respects the autonomy
of B.C. citizens. The Criminal Code must be amended to eliminate physicians' concern
about potential criminal liability for following an advance directive. Advance directive
legislation across Canada should be harmonized. Finally, health care providers should
receive training on effective ways to communicate with patients about end-of-life
treatment decisions to ensure that patients' health care choices are known and respected.Law, Peter A. Allard School of
Graduate
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MESTRE, Bruno. "Corporate governance and collective bargaining : a comparative study of the evolution of corporate governance and collective bargaining in France, Germany, UK and Portugal." Doctoral thesis, 2009. http://hdl.handle.net/1814/13303.
Full textAbstract:
Defense date: 11/12/2009Examining Board: Simon Deakin (University of Cambridge), Julio Gomes (Universidade Católica Portuguesa, Porto), Marie-Ange Moreau (EUI, Supervisor), Heike Schweitzer (EUI)
First made available online 13 September 2018
The object of this thesis concerns the institutional complementarities between the national systems of corporate governance and employee representation (including collective bargaining) in an evolutionary comparative and European perspective. This thesis defends that there appears to be currently a phenomenon of hybridisation of the patterns of corporate governance in Europe that is introducing market elements in relational/governmental systems and relational elements in market systems. The systems of employee representation appear to be also converging towards a phenomenon of controlled decentralisation that consists in the diversification of the powers of the actors at the level of the company and in the development of new types of agreements. The underlying intention appears to be the recognition of employees as stakeholders of the company. This thesis concludes that the new types of collective agreements may not be effective as a means of counterbalancing the pressure of shareholders and employees are left in a delicate position.
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Faunce, Thomas. "Medical loyalty : foundational virtues, principles and human rights in 21st century doctor-patient regulation." Phd thesis, 2000. http://hdl.handle.net/1885/148010.
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Jellie, Clara. "The impact of medico-legal issues on general practice care and policy initiatives." Master's thesis, 2001. http://hdl.handle.net/1885/147623.
Full text
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Welz, Dieter Walter. "The parameters of medical-therapeutic privilege." 1998. http://hdl.handle.net/10500/16461.
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Dhai, A. "Gender reassignment surgery : medical issues and legal consequences." Thesis, 2000. http://hdl.handle.net/10413/3903.
Full textAbstract:
Gender reassignment procedures are performed for the treatment of the gender dysphoria syndrome (transsexualism). Although this modality of treatment is therapeutic in nature and therefore not contra bonos mores, the legal status of the post-operative transsexual remains that of his/her previous sex. The purpose of the gender reassignment procedures is that of acceptance within the community as a person of the sex indicated by his/her changed appearance. Nothing will be achieved by the successful completion of treatment if the person's changed sexual appearance is not recognised by the law as a change in sexual status as well. The law, by keeping aloof of the problem of the post-operative transsexual, has created a legal "vacuum" where there is social and judicial acceptance of reassignment procedures, but a refusal to give legal effect to the change in status that the transsexual obsessively desires and the operation simulates. This work will analyse the medical issues associated with gender reassignment procedures. The legal status of the transsexual after reassignment procedures will be explored, and in doing so, the human rights violations with which such people have to contend, will be highlighted. The constitutionality of the lack of a legal recognition of the post-operative transsexual's sexual status will be examined. It will be shown that there are compelling reasons for legislation to be introduced as a matter of urgency to safeguard the fundamental rights of the post-operative transsexual.Thesis (LL.M.)-University of Natal, 2000.
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DA, COSTA LEITE BORGES Danielle. "European health systems and the internal market : towards new paradigms and values for the provision of health care services?" Doctoral thesis, 2013. http://hdl.handle.net/1814/30898.
Full textAbstract:
Defence date: 1 February 2013.Examining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Christopher Newdick, University of Reading (External Co-Supervisor); Professor Claire Kilpatrick, European University Institute; Professor Vassilis Hatzopoulos, Visiting Professor at the College of Europe.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Using theories of distributive justice as its point of departure, this thesis deals with the tensions created by the application of the Internal Market rules to the provision of health care services within the European Union (EU). The main aim of the work is to analyse the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. Moreover, it also aims to contribute to a more comprehensive and balanced interpretation of the role of the provision of health services in the context of the Internal Market and European Union law. The analysis developed in this thesis is conducted using the specific issue of cross-border health care, which has been chosen to demonstrate how solid values guiding European health systems can be affected by EU law and libertarian ideas. The work is divided into six chapters. The first chapter is devoted to a literature review regarding the questions of the special moral importance of health care and of theories of distributive justice used to justify the allocation of this special good among individuals. The discussion about theories of distributive justice and health care also includes the argument concerning the role of the market in health care provision. The second chapter focuses on the development of social rights of citizenship and its relationship with the welfare state. This includes the analysis of the meaning of solidarity and the concepts of European citizenship, both at national and supranational levels. The third chapter concentrates on the provision of health services at the national level. It begins by presenting a historic overview of the development of welfare services in the field of health care in Europe. Then there is an explanation of the models for financing and delivery of health care as well as their guiding principles. The fourth chapter analyses the framework of health services provision at the European level. It includes the analysis of EU legislation, such as Treaty provisions and secondary legislation, as well as the jurisprudence of the European Court of Justice (ECJ) on health services, as for example, cross-border health care and competition law cases. The fifth chapter looks at human rights law and documents in the field of health, outlining their relationship with theories of distributive justice and the provision of health care. Finally, the last chapter identifies the new paradigms and values introduced by the Internal Market rules in the field of health care, outlining their relationship with a libertarian view of health care. This chapter also examines how these new paradigms and values affect the principles of universality, accessibility, equity and solidarity at the national level, drawing conclusions about the role of the European Union in the realm of health care.
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STAVROULAKI, Theodosia. "Integrating healthcare quality concerns into a competition law analysis : mission impossible?" Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.
Full textAbstract:
Defence date: 22 December 2017Examining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Dr. Okeoghene Odudu, University of Cambridge; Professor Daniel Sokol, Levin College of Law, University of Florida
Healthcare markets have started being created in Europe. Indeed, some European countries, such as the UK and the Netherlands, have started adopting the choice and competition model for healthcare delivery. Taking as a starting point that as health systems in Europe move towards market driven healthcare delivery, the application of competition law in these systems will increase, the goal of this doctoral thesis is (a) to identify some of the competition problems that may be raised in light of the reality that especially in hospital and medical markets the pursuit of competition and the pursuit of essential dimensions of healthcare quality may inevitably clash (b) to demonstrate that competition authorities would be unable to address some of these competition problems if they did not pose and address a fundamental question first: how should we define and assess quality in healthcare? How should we take healthcare quality into account in the context of a competition analysis? In delving into these questions, this doctoral thesis explores how the notion of healthcare quality is defined from antitrust, health policy and medicine perspectives and identifies three different models under which competition authorities may actually assess how a specific anticompetitive agreement or hospital merger may impact on healthcare quality. These are: (a) the US market approach under which competition authorities may define quality in healthcare strictly as choice, variety, competition and innovation (b) the European approach under which competition authorities may extend the notion of consumer welfare in healthcare so that it encompasses not only the notions of efficiency, choice and innovation, but also the wider objectives and values European health systems in fact pursue (c) the UK model under which competition authorities may cooperate with health authorities when they assess the impact of a specific transaction on healthcare quality. The thesis identifies the main merits and shortcomings of these models and emphasizes that what is crucial for the adoption of a holistic approach to healthcare quality is not only the model under which healthcare quality is actually integrated into a competition analysis but also competition authorities’ commitment to protect all dimensions of this notion.
Chapter IV ‘Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible’ of the PhD thesis draws upon an earlier version published as an article 'Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible' (2016) in the journal 'World competition'
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Cochrane, Susan Frances. "The personal interest and decision-making about medical treatment." Phd thesis, 2006. http://hdl.handle.net/1885/150997.
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Coetzee, Lodewicus Charl. "Medical therapeutic privilege." Thesis, 2002. http://hdl.handle.net/10500/567.
Full textAbstract:
The therapeutic privilege is a defence in terms of which a doctor may withhold information from
a patient if disclosure of such information could harm the patient. This study explores the defence
of therapeutic privilege and provides a critical evaluation. A comparative investigation is
undertaken, while arguments springing from a variety of disciplines are also incorporated.
A number of submissions are made for limiting the ambit of the defence. The main submission
is that the therapeutic privilege should comply with all the requirements of the defence of
necessity. In addition, it should contain some of the safeguards afforded to the patient by the
requirements of the defence of negotiorum gestio so that therapeutic privilege is out of the
question if medical treatment is administered against the patient's will, or the doctor has reason
to believe (or knows) that the patient will refuse to undergo an intended intervention once
properly informed.Jurisprudence
L.L.M. (Jurisprudence)
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Fabris, Erick. "Identity, inmates, insight, capacity, consent, coercion: Chemical incarceration in psychiatric survivor experiences of community treatment orders." 2006. http://link.library.utoronto.ca/eir/EIRdetail.cfm?Resources__ID=442159&T=F.
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Mahomed, Mahomed Faruk. "The assessment of knowledge and attitudes of health legislation (HL) among private family practitioners (FP) working in a defined geographical area." Thesis, 2011. http://hdl.handle.net/10413/11080.
Full textAbstract:
Introduction
Since the 1994 change in power in South Africa, there have been many necessary changes in health legislation (HL), in accordance with the principles enshrined in the Constitution, Such changes have been recognized as being both complex and fraught with stakeholder interests. There is a perception that private family practitioners (FP) generally harbour negative attitudes towards HL that has been brought into effect in recent years. It is also possible that FP, in general, lack knowledge regarding HL. The aim of the study was to assess the knowledge and attitudes of private family practitioners (FP) to health legislation (HL) within a localized geographical area of the eThekweni Metro, KwaZulu-Natal Province. The specific objectives were:
To determine family practitioners’ knowledge of health legislation.
To determine family practitioners’ attitudes towards health legislation.
To assess the correlation between family practitioners’ knowledge and attitudes.
To compare the self-reported knowledge of health legislation with the objective assessment of knowledge and attitudes.
To establish practitioners’ perceptions of the future of the profession, and of family practice in particular.
Methods
A cross-sectional descriptive and analytical study was performed, using a pre-tested, validated, structured questionnaire. This instrument was personally hand-delivered to each of a group of private family practitioners practising within a confined geographical area. The sample comprised of 101 family practitioners. Data were analysed using SPSS version 15.0 (SPSS Inc., Chicago, Illinois).
Results
The study revealed that private FP possess limited knowledge about HL and have a negative attitude in general towards HL. The mean knowledge score was 55% (standard deviation 12.2%). The mean score for attitudes towards health legislation was 46,3% (standard deviation 4.2%). The correlation coefficient between knowledge and attitudes was 0.244 (p=0.022). Therefore, there was a weak positive, but statistically significant, correlation between knowledge and attitudes. Thus, in general, as knowledge increased, so did attitudes improve and become more positive. The self reported knowledge and attitudes of FPs seemed to show some unexpected though non-statistically significant anomaly, in that FPs who considered themselves “well aware” of certain parts of HL, together with those who were “not aware”, reporting a more negative attitude towards HL than those who considered themselves to be “aware”. FPs’ perceptions of the future of the profession, and of family practice in particular, were generally reported as being reasonable to poor. Financial viability and sustainability of FP, in particular, were reported as being reasonable to poor. The attractiveness of the profession to the youth of today was reported as being poorer than in the past. However, the majority of FP held the perception that medicine as a profession was distinct as it responds to a calling to serve society at large, giving this aspect of the question a ranking of “reasonable to good”.
Conclusion and Recommendations
The study revealed that this group of FPs attained an overall mean knowledge score of 55% with respect to HL. FPs’ knowledge of HL requires improvement, which can be achieved through effective education and training programmes. Private FPs need to embrace the change process, but also need to be more pro-active in vocalizing their opinions. The Health Ministry and relevant authorities and policymakers need to play a greater role in creating an atmosphere that embraces and facilitates change by involving iii
relevant stakeholders. Lastly, it is recommended that this study serve as a template for a broader research project involving larger numbers of participants and a wider geographical area. In addition, an intervention tool should be devised. Such a tool could take the form of a structured education programme on HL, with an associated monitoring and evaluation aspect, which would enable an assessment of the intervention programme in terms of its value and the influence it has on improving knowledge and attitudes.Thesis (M.Med.Sc.)-University of KwaZulu-Natal, Durban, 2011.
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Scharf, George Michael. "The medico-legal pitfalls of the medical expert witness." Diss., 2014. http://hdl.handle.net/10500/14225.
Full textAbstract:
The fastest growing field of law is undoubtedly that of Medical Law with the civil
and disciplinary cases flowing from it. Globalization, international communication,
development and evolution of Law as well as Medicine, cause this worldwide
rising medical litigation.
Humanitarian rights, post-modern scepticism and even iconoclastic attitudes
contribute to this phenomenon. Medico-legal litigation and disciplinary complaints
rise (in South Africa) up to 10 per cent per year.
To assist the courts and legal profession, in medico-legal issues, helping the
parties where the plaintiff has the burden of proof and the defendant for rebuttal, a
medical expert witness must be used.
The dilemmas and pitfalls arise, in that although knowledgeable medical experts
could be used to guide the courts to the correct decision, the lack of a legal mind
setting, court procedure and legal knowledge could affect the relevance, credibility
and reliability, making the medical evidence of poor quality.
The legal profession, deliberately, could “abuse” medical expert witnesses with
demanding and coercion of results, which have unrealistic and unreasonable
expectations. “Case building” occurs, especially in the adversarial systems of law,
making the medical expert vulnerable under cross-examination, when it is shown
that the witness has turned into a “hired gun” or is unfair. Thus, lacunae develop,
making reasonable cases difficult and a quagmire of facts have to be evaluated for
unreasonableness, credibility and appropriateness, compounded by the fact that
seldom, cases are comparable.
The danger is that the presiding officer could be misled and with limited medical
knowledge and misplaced values, could reach the wrong findings. Several cases
arguably show that this has led to wrongful outcomes and even unacceptable
jurisprudence.
The desire to “win” a case, can make a medical witness lose credibility and
reasonableness with loss of objectivity, realism and relevance. With personality
traits and subjectivity, the case becomes argumentative, obstinate and could even
lead to lies. The miasmatic, hostile witness emerges, leading to embarrassing,
unnecessary prolongation of court procedures.
The medical expert witness should be well guided by the legal profession and well
informed of the issues. Medical witnesses should have legal training and insight
into the legal and court procedures. At the time of discovery of documents, via
arbitration or mediation, medical experts should strive to reach consensus and
then present their unified finding, helping the parties fairly and expediting the legal
procedure and processes.Private Law
LLM