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Статті в журналах з теми "Lawers – Malpractice"
1
Ginsburg, William H. "Polemics in Risk Management: Essentials regarding the Issue of Malpractice: Anatomy of a Malpractice Claim the Basics." American Journal of Cosmetic Surgery 10, no. 3 (September 1993): 165–68. http://dx.doi.org/10.1177/074880689301000302.
Повний текст джерелаАнотація:
Physicians should make every effort to avoid malpractice suits. However, if they become involved in a case where malpractice is alleged, there are rules and protocols visited on both physicians and lawyers that will assist in successfully defending the physician or medical group. In exploring these rules and protocols, many of the methods of avoiding malpractice in the first instance become apparent. The authors' conclusions in the instant papers all lead to one conclusion: having a good lawyer to whom the physician can relate, as well as establishment of a careful, caring, thorough and rational relationship with the patient and ultimately the judge and jury, if necessary, are the keys to success in any malpractice or potential malpractice setting.
2
L., J. F. "$45 MILLION MALPRACTICE VERDICT." Pediatrics 95, no. 6 (June 1, 1995): 900. http://dx.doi.org/10.1542/peds.95.6.900.
Повний текст джерелаАнотація:
... A Fairburn family has been awarded $45 million after their son had to have his hands and legs amputated following an HMO's decision to have him treated at a hospital 42 miles from his home. On March 26, 1993, Lamona Kaye Adams called the company's emergency line about 3:50 a.m. to report that her 6-month-old son, James, was moaning, panting, limp, and running a 104-degree temperature. After telling her to place the child in a tepid bath, the emergency line nurse checked with a doctor and directed that the child be taken to Scottish Rite Hospital, north of Atlanta. Kaiser Permanente receives a 15% discount for patients at Scottish Rite. On the way to Scottish Rite, James' heart stopped. He was revived with CPR at another hospital, but circulation ceased to his extremities and he developed gangrene. A blood infection was later diagnosed. During a nine-day trial in Fulton State Court, Kaiser's lawyers contended that it would have made no difference if James had been sent to the nearest emergency room. "Our issue is quality," said the Kaiser Permanente medical director for Georgia. "Quality pediatric care was most available at Scottish Rite." But the Adamses' lawyer called the case an example of what happens when cost-conscious managed-care providers try to cut corners.
3
Farrow, Freeman L. "The Anti-Patient Psychology of Health Courts: Prescriptions from a Lawyer-Physician." American Journal of Law & Medicine 36, no. 1 (March 2010): 188–220. http://dx.doi.org/10.1177/009885881003600104.
Повний текст джерелаАнотація:
Critics of the current medical malpractice tort system claim that adjudication of malpractice claims before generalist judges and lay juries contributes to rising costs of medical malpractice insurance premiums and medical care. They claim that properly deciding issues in this realm requires specialized knowledge of medicine and medical technology that juries, and even judges of general jurisdiction, do not possess. One lobbying group alleges there is a continuing medical malpractice litigation crisis in the United States, evidenced by increasing medical costs, deaths from needless medical errors, departure of physicians from the practice of medicine due to increasing medical malpractice insurance premiums, and random medical justice in medical malpractice cases. Whether there is a direct, causal correlation between the increasing cost of medical malpractice insurance premiums and medical malpractice litigation is debatable.
4
Hiatt, Howard. "Patients, Doctors, and Lawyers: Resolving the Malpractice Crisis." Bulletin of the American Academy of Arts and Sciences 44, no. 8 (May 1991): 41. http://dx.doi.org/10.2307/3824679.
Повний текст джерела
5
Charatan, Fred. "US doctors debate refusing treatment to malpractice lawyers." BMJ 328, no. 7455 (June 24, 2004): 1518.1. http://dx.doi.org/10.1136/bmj.328.7455.1518.
Повний текст джерела
6
Schrager, Gloria O. "Medical "Experts" for Hire!" Pediatrics 95, no. 2 (February 1, 1995): 320–21. http://dx.doi.org/10.1542/peds.95.2.320b.
Повний текст джерелаАнотація:
Recent experiences as a medical expert in malpractice cases have made me increasingly disheartened by the damage done to innocent colleagues by members of our own profession. We tend to inveigh against malpractice lawyers as our adversaries, but they could accomplish very little without the full cooperation and enthusiastic support of medical consultants. The following case illustrates several abuses that I believe are important to bring to the attention of the medical community. A full-term female neonate was born by normal spontaneous delivery after an uncomplicated pregnancy.
7
Brown, R. Blake, and Magen Hudak. "‘Have you any recollection of what occurred at all?’: Davis v. Colchester County Hospital and Medical Negligence in Interwar Canada." Journal of the Canadian Historical Association 26, no. 1 (August 8, 2016): 131–62. http://dx.doi.org/10.7202/1037200ar.
Повний текст джерелаАнотація:
The history of medical malpractice in Canada has received little attention from legal or medical historians. Through a contextualized study of a Nova Scotia case from the 1930s, Davis v. Colchester County Hospital, this article demonstrates how changes in technology and surgical procedures both created situations that spurred malpractice claims, and made it difficult for injured patients to prove medical negligence. In addition, developments in tort law concerning the liability of hospitals, and the doctors and nurses working within them, provided medical defendants ample opportunity to avoid legal liability, even in cases in which the existence of negligent treatment was obvious. The testimony at trial, the legal strategies utilized by the lawyers, and the judicial rulings also shed light on attitudes of the medical profession toward personal responsibility and ethics, and demonstrates how the interests of patients were weighed against those of medical institutions and professionals by lawyers and judges.
8
Girone, Joseph A. C. "GUILTY! DON'T WORRY." Pediatrics 77, no. 3 (March 1, 1986): A40. http://dx.doi.org/10.1542/peds.77.3.a40.
Повний текст джерелаАнотація:
It's amazing. The lawyers make the malpractice laws, witch hunt until a case is found, and then take a large portion of any award given. They are not satisfied with that. Robert V. Wills, JD, writing in Surgical Rounds gives we physicians three maxims on how to react when slapped with a malpractice suit. The lawyers don't want the physicians to get upset or overreact when accused of negligence, carelessness, or reckless behavior. Wills reminds us there is better than a 50/50 chance of resolution of the claim in the doctor's favor. These cases should be treated as an economic nuisance and you may not be the primary defendant. He further suggests physicians regard a malpractice claim as a "cost of doing business." Are we going to accept this advice so kindly offered by the legal councilors? After all, they don't give free advice often. The medical profession is special in many ways. Therefore, any allegation of wrongdoing or mistreatment of a patient must be addressed by that profession the best way available. The medical profession should never approach the malpractice crisis in this country with an attitude of "economic nuisance" or percent chances of resolution in the doctor's favor. The physician's attitude and feelings toward a malpractice action are more accurately described by a fellow physician, Dave Ellison, MD, in the piece "Not Guilty." These cases are a direct attack on the competence and integrity of the victim—physician. Let's take the advice of Dr. Ellison and show our colleagues who are sued, respect, compassion, and concern. Unknowingly, he put in prospective the lawyer's maxims when he wrote "[it's] no more useful than advising a depressed patient to "cheer up!" We need not look outside of our profession to advise us on our behavior in this difficult situation.
9
Rosenbloom, Arlan L. "Hired Guns and Malpractice Cases." Pediatrics 95, no. 6 (June 1, 1995): 958. http://dx.doi.org/10.1542/peds.95.6.958.
Повний текст джерелаАнотація:
I have just read Gloria Schrager's letter in the February issue on medical expertise and John Kattwinkel's reply. My own experience as an expert for both plaintiffs and defendants is littered with examples of "hired guns" testimony by our colleagues. Those of us who have been appalled by this behavior and would be willing to sign contributions about offensive experiences might be able to make a difference. Certainly the lawyers' services will find these articles and would be able to eventually discover who the author was talking about.
10
Reinker, Kenneth S., and David Rosenberg. "Improve Medical Malpractice Law by Letting Health Care Insurers Take Charge." Journal of Law, Medicine & Ethics 39, no. 3 (2011): 539–42. http://dx.doi.org/10.1111/j.1748-720x.2011.00620.x.
Повний текст джерелаАнотація:
The general consensus is that reform of medical malpractice law should be part of the health care system's overhaul. Medical malpractice litigation results in the expenditure of tens of billions annually, largely paid out of health care insurance funds and mostly (roughly two-thirds) paid to defendants' and plaintiffs' lawyers. By all accounts, this tort law regime ill serves the basic deterrence and compensation goals of civil liability. The causes and magnitude of these failings are disputed, and many typical reform proposals sidestep the basic problems and may do more harm than good. In contrast, we advance a straightforward way to improve both deterrence and compensation. Essentially, the proposal is to remove current legal limitations on the scope of insurance subrogation that bar private and public health care insurers from “buying” the whole of their insureds' potential medical malpractice claims in exchange for lower premiums and taxes and expanded insurance coverage. Our proposal’s benefits accrue regardless of the cause and magnitude of the failings of malpractice law or the further reforms that might be adopted.
Дисертації з теми "Lawers – Malpractice"
1
Musso, Émilie. "Le cyber avocat : quelles mutations pour la pratique des avocats ?" Thesis, Lorient, 2022. http://www.theses.fr/2022LORIL618.
Повний текст джерелаАнотація:
La profession d’avocat a dû numériser sa pratique afin de répondre aux pressions extérieures. Ce faisant, une attention trop faible a été apportée à la cybersécurité. Or, si le numérique facilite l’exercice de la profession, il la fragilise également. Notamment, le secret professionnel de l’avocat est menacé par les outils déployés au sein des cabinets. Car le numérique crée des vulnérabilités, dont aucun cabinet n’est à l’abri. Ces vulnérabilités sont, dans un premier temps, techniques. Celles-ci se traduisent par des incidents de sécurité informatique qui sont susceptibles d’atteindre les données traitées par les avocats. Les vulnérabilités sont, dans un second temps, juridiques. En effet, en conséquence d’une violation de données subie par le cabinet, l’avocat encourt un risque juridique qui se traduit par l’engagement de sa responsabilité. Ces constats sont l’occasion pour la profession de sécuriser sa pratique, afin de poursuivre sereinement sa numérisation. L’intégration de la cybersécurité se fera par deux approches. La première est technique, et exige l’emploi du chiffrement. La seconde est juridique, et se scinde en deux domaines. Dans le domaine contractuel, les avocats doivent sécuriser les relations qu’ils entretiennent avec ceux susceptibles d’accéder aux données traitées par le cabinet. Dans le domaine du contentieux, les avocats devront adapter leurs stratégies contentieuses afin de réduire les effets néfastes causés par les incidents de sécurité informatiqueLawyers have had to digitize their practice in order to respond to external pressures. In doing so, too little attention has been paid to cybersecurity. While digital technology facilitates the practice of the profession, it also weakens it. In particular, professional secrecy is threatened by the digital tools which are deployed within law firms. Digital technology creates vulnerabilities that no firm is immune to. These vulnerabilities are, first of all, technical. They result in computer security incidents that can affect the data processed by lawyers. The vulnerabilities are, secondly, of a legal nature. Indeed, as a result of a data breach suffered by a law firms, lawyers incur a legal risk which results in the engagement of their liability. These findings are an opportunity for the profession to secure its practice, in order to continue its digitalization. There are two approaches to integrating cybersecurity. The first is technical, and requires the use of encryption. The second is legal, and is divided into two areas. In the contractual area, lawyers must secure the relationships they maintain with those who may have access to the data processed by the law firm. In the area of litigation, lawyers will have to adapt their litigation strategies in order to reduce the harmful effects caused by computer security incidents
2
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.
Повний текст джерела
3
O'Driscoll, Stephen James, and n/a. "Conduct of counsel causing or contributing to a miscarriage of justice." University of Otago. Faculty of Law, 2009. http://adt.otago.ac.nz./public/adt-NZDU20090506.091357.
Повний текст джерелаАнотація:
The Crimes Act 1961 and the New Zealand Bill of Rights Act 1990 provide that a person accused of a criminal offence in New Zealand has the right to be represented at trial by counsel. The purpose of representation by counsel is to protect the accused�s interests; ensure that the accused is able to present their defence to the Court; ensure that the accused receives a fair trial; and ensure that the accused is not the subject of a miscarriage of justice.
It is implicit that criminal defence counsel must be competent if they are to be effective advocates on behalf of their clients. If counsel is not competent, there is a risk that counsel�s acts or omissions may cause or contribute to a miscarriage of justice.
The Crimes Act 1961 allows an accused to appeal against their conviction on the basis that they have been the subject of a miscarriage of justice through the conduct of their counsel. The thesis analyses the Supreme Court decision of R v Sungsuwan that sets out the test that an appellate court must consider when deciding to allow an appeal based on the conduct of counsel.
The thesis examines 239 Court of Appeal decisions between 1996 and 2007 that have considered appeals from jury trials where at least one of the grounds of appeal was that defence counsel caused or contributed to a miscarriage of justice. The thesis notes the increasing trend to use "conduct of counsel" as a ground of appeal. In 1996 there were 4 appeals; in 2006 there were 43 such appeals and in 2007 there were 29 appeals.
During the period under review the Court of Appeal allowed the appeal and specifically held that counsel�s conduct, either alone or in combination with other grounds, caused or contributed to a miscarriage of justice in 41 cases. The thesis analyses the common complaints made by an accused against trial counsel and the common areas where the Court of Appeal upheld complaints against counsel.
The thesis takes into account the Lawyers and Conveyancers Act 2006 and the Lawyers and Conveyancers (Lawyer: Conduct and Client Care) Rules 2008 that came into existence on 1 August 2008. The new legislation places particular emphasis on the obligations of counsel to uphold the rule of law and to facilitate the administration of justice in New Zealand. Counsel also has an obligation to protect the interests of their clients.
The thesis concludes that the plethora of cases coming before the Court of Appeal, and the number of appeals allowed by the Court, demonstrate defence counsel do not always protect the interests of their clients and can cause or contribute to a miscarriage of justice.
The thesis makes a number of recommendations that may reduce the risk of both an accused appealing on the basis on the conduct of counsel and an appeal being allowed on the basis of the conduct of counsel. In particular, it is suggested that there should be greater degree of co-operation between the New Zealand Law Society and the Legal Services Agency to ensure the maintenance of high standards among criminal defence lawyers.
4
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.
Повний текст джерела
5
De, Klerk Eben. "A critical analysis of the factors that influence the sustainability of attorney's client protection funds : a Namibian perspective." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50243.
Повний текст джерелаАнотація:
Thesis (MBA)--Stellenbosch University, 2005.ENGLISH ABSTRACT: The cornerstone of the legal profession is the trust harboured by clients when depositing monies with legal firms. A few regulations usually exist to protect trust monies. In the absence of a client protection fund, a client has no insurance against theft of trust monies. Most countries have come to realise the importance of employing a client protection fund to reimburse victims of theft in order to protect the integrity of the legal profession. Client protection funds are operated on different business models and a broad overview of the funds of New York, British Columbia, New Zealand and Botswana indicated that such funds are not able to compensate all proven claims without enforcing limitations. There is currently no benchmark whereby client protection funds can assess their effectiveness and sustainability. A standard for evaluating these funds is created based on the following criteria common to all funds: the purpose of a fund, the status of a fund, proper management of the fund, the methods which a fund employs to limit liability, the financial strength and sustainability of a fund, the rights of a fund where claims are awarded and the preventative measures employed by a fund. After evaluation of these funds it became clear that all of them are financially unsustainable if they were to pay proven claims without imposing limitations on their liability. The Namibian fund appears to be the most sustainable fund and was also used as the benchmark in one of the criterion of the evaluation model. A more critical study of the Namibian fund indicated that it would in future become less sustainable as the growth rate in trust deposits exceeds the growth rate of the fund's reserves. After a SWOT analysis it is suggested that the Namibian fund continues its current preventative measures, as same is likely the reason why an insignificant amount of thefts occurred over the past 15 years, and should focus on increasing income by negotiating better agreements with banks and employ a dedicated inspectorate, not only to ensure compliance with such agreements, but provide the fund with annual reports on each firm's level of compliance with statutory regulations on trust accounting.
AFRIKAANSE OPSOMMING: Die hoeksteen van die regsprofessie is die vertroue wat kliënte in prokureurs plaas om trustgeld te bewaar. 'n Basiese stel boekhou regulasies is al wat normaalweg dien as beskerming van trustgeld. In die afwesigheid van 'n getrouheidsfonds het 'n klient geen versekering teen diefstal van trustgelde nie. Meeste lande het reeds die waarde van 'n getrouheidsfonds besef as beskermingsmeganisme van die integriteit van die professie. Getrouheidsfondse is baseer op verskillende besigheidsmodelle en 'n breë oorsig van die fondse van New York, British Columbia, New Zealand en Botswana dui daarop dat sulke fondse nie in staat is om alle eise te vergoed sonder om daadwerklike beperkinge op hul verpligtinge te plaas nie. Daar bestaan huidiglik geen universele maatstaf waaraan fondse hul effektiwiteit en volhoubaarheid kan meet nie. 'n Eenvormige evaluasie model is ontwerp wat gebruik maak van die volgende ooreenstemmende kenmerke van alle fondse: die doel van die fonds, die status van die fonds, die behoorlike bestuur van die fonds, die metodes wat die fonds aanwend om verpligtinge te beperk, die finansiële vermoë en volhoubaarheid van die fonds, die regte van die fonds na betaling van eise en die voorkomende maatreëls wat die fonds aanwend. Na evaluasie van die bogenoemde fondse is dit duidelik dat sulke fondse nie finansieel volhoubaar sal wees as hulle alle goedgekeurde eise ten volle sou uitbetaal sonder die afdwing van beperkende maatreëls nie. Die Namibiese fonds blyk die mees volhoubare fonds te wees en word ook as maatstaf gebruik in een van die kriterium van die evaluasie model. By nadere ondersoek van die Namibiese fonds is vasgestel dat die fonds in die toekoms minder volhoubaar sal raak omdat die groeikoers in trust deposito's hoër is as die groeikoers van die reserwes van die fonds. Na 'n SWOT-analise word voorgestel dat die Namibiese fonds moet volhart in die uitvoering van voorkomende maatreëls en ook inkomste moet verhoog deur beter ooreenkomste met banke aan te gaan. 'n Toegewyde ondersoek afdeling sal verseker dat firmas sulke ooreenkomste nakom, asook aan die fonds raporteer oor firmas se nakoming van statutêre reëls.
6
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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7
Wu, Meng-chun, and 吳孟純. "The Comparative Study on Tort Law’s Statute of Limitations -Viewing from US Medical Malpractice Crisis." Thesis, 2010. http://ndltd.ncl.edu.tw/handle/51701055710210015901.
Повний текст джерелаАнотація:
碩士東吳大學
法律學系
98
The so-called "medical malpractice crisis" means for medical malpractice claims for damages resulting increase in the premiums of medical insurance, leading to medical staff cannot afford enough medical services. In USA, medical malpractice insurance premiums have increased at an extraordinarily rate. The increased rates, decreased coverage and policy cancellations affected doctors. Hence, patients have decreased medical services because many doctors will not practice without insurance coverage. The United States through three different periods in medical malpractice crisis in the past three decades. Because of the unprecedented high premiums for malpractice insurance, physicians and hospitals in many states are forced to give up some high-risk practice. Eventually, many physicians are moving to other states with lower premiums and some insurance carriers have pulled out of the industry as a result. Therefore, increases in premiums, decreases in coverage, or declines in the number of insurance carriers all prevent doctors from practicing in particular medical professional area, so that patients will potentially lose access to medical services. To ease the tension of medical malpractice crisis, the state legislatives began to reform medical malpractice laws. The medical malpractice reforms includes caps on damages, caps on contingency fees, mandatory screening panels, tightened up statute of limitations, collateral source rule abrogation, and joint and several liability doctrine modification, etc. By reducing the amounts of medical malpractice litigation, they expected to resolve the medical malpractice crisis with the reform of statute of limitations. Now, each state has its own provisions about the length and the starting of statute of limitations for medical malpractice. According to the statistic, the length of the statute of limitations has little difference among the 50 states, and most of the state governments shorten the length when they tried to alleviate the medical malpractice crisis. However, how to involve the starting of the medical malpractice is an important issue when considering the rights of the parties in litigation and the efficiency of the judiciary system. This thesis will analyze and discuss the relationship among medical malpractice crisis and the three major rules of the starting of the statute of limitations in medical malpractice: occurrence rule, discovery rule and continuous treatment rule. In Taiwan, as the Civil Code §197 states: ” The claim for the injury arising from a wrongful act shall be extinguished by prescription, if not exercised within two years from the date when the injury and the person bound to make compensation became known to the injured person. The same rule shall be applied if ten years have elapsed from the date when the wrongful act was committed...”, there are two types of length and starting of the statute of limitations about medical injury claims for damages. Because both the arising amount of medical injury claims and the deterioration of the medical environment are also noted in our country in recent years, after comparing the §197 of civil code in Taiwan and the torts law in USA about the length and starting of the statute of limitation, this thesis will provide some suggestions for the revision of Taiwan’s civil code and the necessity for evidence-based research in medical injury litigation of Taiwan, so that improvement of doctor-patient relationship and available medical resource could be expected thereafter.
8
CHOU, HSIEN-JANG, and 周賢章. "Due Process for Application of Medical Malpractice Criminal Laws―Review Analysis of the 3rd and 4th Amendments to Article 82 of the 2017 Medical Laws." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/fm5d4a.
Повний текст джерелаАнотація:
碩士銘傳大學
法律學系碩士在職專班
106
The trial of medical criminal cases in Taiwan is time-consuming and requires more trial time than other types of criminal proceedings. The dilemma of medical personnel is not punishable by penalties, but rather the lengthy time-consuming litigation and psychological pressure brought by criminal prosecutions . There is no difference between Taiwan and Germany in terms of the relevant provisions of the criminal law. However, compared with Germany, the medical profession in Taiwan often suffers from lawsuits. The problem is not with the provisions of the criminal law itself, but with the application of the criminal law applicable to the law. In any act of behavior, there exists Cause/ Result relationship. An action may be the Cause that initiates a process to be put forth in motion, which derives at a certain Result. The occurrence of medical behavior is based on the premise that a prior lesion occurs, and a pathological causal process precedes after the initiation of the patient's life or the body and legal interests are attacked, will there be medical intervention. However, the lesion itself does not have the necessary interception, therefore, should not be given an absolute interception of medical acts as interception. Due to the diversity of individual human beings, medical behaviors are highly risky both in the diagnosis and in the treatment phase, which leads to the risk of being changed. In order to consider the patients' greatest interests and rapidly changing medical sites, clinical professionals should be given medical staff discreet space. Under the principle of equality, medical criminal cases and non-medical criminal cases apply the criminal law of the Republic of China. However, based on the characteristics of the above-mentioned medical behaviors, they have different legal application processes. This article sorts out the applicable process of criminal law applicable to criminal cases of medical negligence: (1) First, confirm the "scope" of the "medical obligation" of "medical staff" in the case. (2) if the "medical staff" has fulfilled the "medical obligation", then that person will not be guilty of a crime of negligence. (3) Whether there is an "objective (proposed) causal link between" medical practice "and" outcome "of" medical staff "and" failure to perform medical obligations ". (4) "according to the circumstances" and "medical staff" "should pay attention to and be careful not to notice" and therefore "negligent" failed to fulfill their "medical obligation". (5) "Elements of negative constitutional elements" - "Objectively unavoidable" have not been realized at the same time. Medical staff meet the above conditions to establish criminal liability for medical negligence. The Legislative Yuan read and approved the draft amendment to Article 82 of the "Medical Law" on December 29, 2017, of which the third and fourth stipulated the constitutional defects of the criminal liability of medical personnel and the discretionary matters. This revision is based on the "principle of equality". Legalization of “Criminal Cases Involving Medical Treatment (Application of Criminal Law) Highlights" has not substantially modified any criminal law nor has it limited the scope on the establishment of negligence for medical personnel. Enlisting "reasonable clinical professional discretion" into law ought to be the biggest highlight of this revision. However, due to the lack of content, it cannot be placed in the constituent elements of negligence as judgments, and it is difficult to achieve the purpose of legislation. While judiciary has recognized the "reasonable clinical discretion" for medical treatment, this article proposes further stipulating it in the "Essentials of Medical Discrimination Appraisal" as a criterion for fulfilling medical obligations in order to enhance its importance and propose amendments clarified the reasons, that follow-up medical treatment of criminal cases should pay attention to the point of legal amendments to the proposal.
9
Jhetam, Naeem Ahmed. "Involuntary hospitalisation : the discrepancy between actual practice and legal requirements in the Lentegeur Hospital (Cape Town) catchment area." Thesis, 1993. http://hdl.handle.net/10413/8162.
Повний текст джерелаАнотація:
The aim of this study was to document the safeguards
inherent in the Mental Health Act (MHA) of 1973, and to
examine the extent " to which these are observed in
practice.
The research was conducted at Lentegeur Hospital in
Mitchells Plain, Cape Town. The population consisted
of 726 certified patients who were admitted
involuntarily (i.e. under sections 9 and 12 of the MHA)
from 01 January 1990 to 31 December 1990.
Data for each of these patients was collected from the
admission register, clinical files, administrative
files, and the certified post book. In addition, the
official hospital statistics were examined.
Measurements obtained included demographic data, the
validity of the document contents, the validity of the
certification process, and an overall measure of the
validity of each of t he certifications taking into
account both document contents and observance of the
time strictures set out in the MHA.
Twenty nine patients (4,0%) were admitted by Urgency
(Section 12), and 697 (96,0%) on Reception Order
(Section 9). The study focused mainly on the Section 9
patients, because of the small sample size for Urgency
admissions. It was found that 609 (87,4%) of the 697
admissions were legally flawed in terms of document
contents criteria and the time limits in the
certification process.
Document content criteria were not fulfilled in: 3,0%
of the Applications for Reception Order; 32,1% of
Medical Certificates; 20,1% of Reception Orders; and
3,6% of Reports to the Attorney-General. In 40,0% of
certifications the Report to the Attorney-General
(G2/28) could not be traced.
Examination of temporal safeguards revealed that the
least satisfactory aspect was the delay in the
completion of the post-admission Report to the
Attorney-General. It was found that 32,3% of these
Reports were not submitted on time.
Reasons for the discrepancy ("gap") between legal
standards and actual practice are discussed.
Recommendations are made which could help minimise or
eradicate this "gap". These include suggestions for
changes in the document format, for the use of a
certification booklet, for stricter control of late and
inadequate documentation, and for inservice training of
all those involved in the certification process.Thesis (M.Med.)-University of Natal, Durban, 1993.
10
Scharf, George Michael. "The medico-legal pitfalls of the medical expert witness." Diss., 2014. http://hdl.handle.net/10500/14225.
Повний текст джерелаАнотація:
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
Книги з теми "Lawers – Malpractice"
1
Grant, Stephen M. Lawyers' professional liability. Scarborough, Ont: Butterworths, 1989.
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2
Grant, Stephen M. Lawyers' professional liability. 2nd ed. Toronto: Butterworths, 1998.
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3
Midgley, J. R. Lawyers' professional liability. Cape Town: Juta, 1992.
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4
W, Barras Margaret, and Haslam Hope, eds. Texas legal malpractice & lawyer discipline. 2nd ed. Dallas, Tex: Texas Lawyer Press, 1997.
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5
Herring, Charles F. Texas legal malpractice & lawyer discipline. Dallas, Tex: American Lawyer Media, 1991.
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6
Kenneth, Laurence, ed. Professional malpractice. [St. Paul, Minn.]: Thomson/West, 2007.
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7
Jacobs, George. Professional malpractice. [St. Paul, Minn.]: Thomson/West, 2007.
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8
Schinzel, Joseph D. Prisoner's legal malpractice guidebook. Detroit, Mich: Prisoner's Publication Center, 1990.
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9
Herring, Charles F. Texas legal malpractice & lawyer discipline: A guide to the liability and discipline of Texas lawyers. 3rd ed. Dallas, Tex: Texas Lawyer Press, 2002.
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10
Herring, Charles F. Texas legal malpractice & lawyer discipline: A guide to the liability and discipline of Texas lawyers. 4th ed. Dallas, Tex: Texas Lawyer, 2004.
Знайти повний текст джерелаЧастини книг з теми "Lawers – Malpractice"
1
Li, Xiang, and Jigang Jin. "Liability for Medical Malpractice." In Concise Chinese Tort Laws, 199–209. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-41024-6_19.
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2
Li, Xiang, and Jigang Jin. "Liability for Medical Malpractice." In Concise Chinese Tort Laws, 293–98. Berlin, Heidelberg: Springer Berlin Heidelberg, 2014. http://dx.doi.org/10.1007/978-3-642-41024-6_32.
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3
Szalados, James E. "The Laws of Professional Negligence: What Is Malpractice – And How Does Litigation Work?" In The Medical-Legal Aspects of Acute Care Medicine, 363–81. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-68570-6_16.
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4
"What lawyers think about us." In The Health Care Provider's Guide to Facing the Malpractice Deposition, 26–31. Routledge, 2017. http://dx.doi.org/10.1201/9781420074482-8.
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5
"What lawyers think about us." In The Health Care Provider's Guide to Facing the Malpractice Deposition, 11–16. CRC Press, 1999. http://dx.doi.org/10.1201/9781420074482.ch2.
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6
"Appendix D: I'm Sorry Laws." In How to Survive a Medical Malpractice Lawsuit, 148–49. Chichester, West Sussex, UK: John Wiley & Sons, Ltd, 2013. http://dx.doi.org/10.1002/9781119967323.app4.
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7
Roth, Louise Marie. "Law Matters." In The Business of Birth, 31–61. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479812257.003.0003.
Повний текст джерелаАнотація:
This chapter explores theories about how laws and organizations influence each other. First, the chapter explores the purpose of tort laws and the goals of the tort reform movement and uses them to define provider-friendly and patient-friendly tort regimes. An analysis of the effects of tort laws on obstetric malpractice lawsuits illustrates that, contrary to expectations, the rate of lawsuits is higher in states where tort reforms have reduced healthcare providers’ liability risk. The chapter then uses reproductive justice theory to examine reproductive health laws that govern contraception, abortion, midwifery, prenatal substance use, and fetal rights. These laws define fetus-centered and woman-centered reproductive rights regimes.
8
Fox, Dov. "Litigation’s Limits." In Birth Rights and Wrongs, 37–52. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190675721.003.0004.
Повний текст джерелаАнотація:
Even negligence victims who can afford the legal fees often don’t think that suing is worth the risk, given what any good lawyer will tell them is a slim chance of recovery. Reproductive plaintiffs have had little success trying to shoehorn their complaints into a grab bag of ill-suited actions under available theories of civil liability. Some of these are cramped, like deeming lost embryos “property” or “persons”; others are jarring, as when they call a child’s birth or life “wrongful.” Courthouse claims for medical malpractice and emotional distress require showing some physical or economic harm that procreation plaintiffs can’t point to when their test results get switched or sperm samples go missing. These misadventures fall through the cracks of a legal regime that’s reluctant to recognize reproductive losses as real or serious. Facilities make few assurances that would enable victims to sue for breach of contract, and doctors are careful to decline promising any result beyond the safety of patients directly under their care—so there’s seldom any agreed-upon clause for courts to enforce against badly behaving defendants. Besides, most reproductive professionals insist that patients sign clauses shielding them from liability, whether express or implied. Half of all states bar “wrongful birth” suits against medical professionals who fail to inform pregnant women, or give them bad advice about fetal development and prognosis. Even states that allow this malpractice action fail to capture the deeper harms that reproductive negligence inflicts—and they rarely compensate psychological or dignitary harms, standing alone.
9
Roth, Louise Marie. "The Machine That Goes Ping!" In The Business of Birth, 114–49. NYU Press, 2021. http://dx.doi.org/10.18574/nyu/9781479812257.003.0006.
Повний текст джерелаАнотація:
This chapter explores the use of electronic fetal monitoring (EFM) as a prime example of technology fetishism. EFM is not evidence based, but most maternity care providers routinely use it. Obstetricians say that they use EFM to defend themselves against liability, and malpractice attorneys often fetishize the paper strips that the EFM produces as “evidence.” At the same time, an analysis demonstrates that EFM is more common in tort reform states that limit providers’ liability risk, which contradicts the idea that providers use it to reduce legal risk. The chapter then explores institutional motivations for EFM use, including scheduling, workload, and profit benefits. These institutional priorities can undermine patients’ rights, quality of care, and informed consent, which are issues of reproductive justice. This chapter then explores the effects of reproductive rights laws on EFM, finding that more fetus-centered laws encourage more EFM, while EFM is less common in states that protect women’s reproductive rights.
10
Saks, Michael J., and Stephan Landsman. "The Problem of Iatrogenic Injury." In Closing Death's Door, 1–4. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190667986.003.0001.
Повний текст джерелаАнотація:
This introduction briefly presents the problem to which the book is addressed: the hundreds of thousands of avoidable deaths and millions of injuries suffered by Americans in the course of their healthcare. To date, the patient safety problem has proven incalculably difficult to ameliorate through the conventional efforts of both the healthcare industry and the legal system. The aim of this book is described: to explore strategies the law could undertake that look beyond conventional malpractice litigation. A new generation of innovative laws could harness the insight that more can be achieved by attending to higher levels of organization, by correcting perverse incentives, by encouraging the use of appropriate new technology, and by pursuing other innovations. The chapter concludes with a roadmap to the rest of the book.