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Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives

Edited by: Dobrochna Bach-Golecka

ISBN13: 9783030669997
Published: May 2021
Publisher: Springer International
Country of Publication: Switzerland
Format: Hardback
Price: £129.99
Paperback edition , ISBN13 9783030670023



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The book discusses compensation mechanisms and other non-judicial means that offer alternatives to court proceedings, designed and provided for within national legal regimes. Such schemes are primarily of a civil or administrative character and are mainly intended to supplement criminal liability for medical negligence. As such, the book focuses on medical malpractice and prospective medical harm from a civil law perspective.

It examines the contemporary perspective of a patient-physician relationship, which has evolved from a relation of a quasi-patrimonial character into a partnership of quasi-equal parties, dealing with a medical treatment procedure as a scientific endeavor. It also reviews the extra-legal conditions that are taken into account in compensation arrangements, particularly the need to satisfy a psychological urge for conciliation and empathy on the part of medical personnel. Lastly, the book explores the responsibility of public authorities and healthcare providers to guarantee access to healthcare that is of a sufficient quality, based upon standards provided for in international (and European) law.

Subjects:
Medical Law and Bioethics
Contents:
Compensation schemes and extra-judicial solutions in case of medical malpractice. A review of contemporary arrangements
L'indemnisation des dommages resultant des soins de sante et les alternatives aux procedures judiciaires
Rapport belge
Compensation schemes for damages caused by healthcare in Brazil
La responsabilite medicale et hospitaliere en droit civil quebecois: Principes generaux et alternatives a la voie judiciaire
Medical malpractice and mediation in Cyprus
Mediation as a potential way of resolving medical malpractice disputes
Compensation schemes for damage caused by healthcare and alternatives to court proceedings in Czech Republic
Compensation Schemes for Damages in the Cases of Medical Malpractice: Estonian Perspective
The French Medical Accident Compensation Scheme. A Critical Assessment of the Patients' Rights Act of 4 March 2002
Legal questions concerning medical malpractice liability: substantive law and its enforcement
Country report Germany
Challenges and Contradictions about Medical Malpractice in Hungary
Compensation schemes for damages caused by healthcare and alternatives to court proceedings in Italy
Liabilities for Damages Resulting from Medical Treatment and Dispute Resolution System in Japan
Innovating Compensation for Medical Liability in the Netherlands
Medical Injury in New Zealand
Medical Negligence Proceedings in Singapore: Instilling a Gentler Touch
Damages in medical malpractice cases and alternatives to court proceedings: a Slovenian perspective
Excessive litigation for harm arising from medical malpractice in South Africa: underlying reasons, deleterious consequences and potential future reform
Compensation schemes for damages caused by healthcare and alternatives to court proceedings
National report Taiwan
Alternative Compensation Schemes for Medical Malpractice in the United Kingdom
ANNEX:
Questionnaire: "Compensation schemes for damages caused by healthcare and alternatives to court proceedings"