The Legal Liability of Hospitals

The Legal Liability of Hospitals
Author: Marésa Cronje-Retief
Publisher: BRILL
Total Pages: 542
Release: 2021-08-04
Genre: Law
ISBN: 9004478159

This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied. The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.

Health Care Reform and the Law in Canada

Health Care Reform and the Law in Canada
Author: Timothy Caulfield
Publisher: University of Alberta
Total Pages: 292
Release: 2002
Genre: Health & Fitness
ISBN: 9780888643667

Sweeping changes are being proposed as Canadians examine our health care system. But what are the legal implications of health care reform? In this timely collection, lawyers and legal scholars discuss a variety of topics in health care reform, including regulation of private care, interpretation of the Canada Health Act, and the constitutional implications of proposed reforms. Barbara von Tigerstrom is currently studying at the University of Cambridge in England. Timothy Caulfield lives in Edmonton, where he teaches at the University of Alberta.

Arzthaftungsrecht

Arzthaftungsrecht
Author: Dieter Giesen
Publisher:
Total Pages: 576
Release: 1981
Genre: Arzthaftpflicht
ISBN:

Law and Ethics in Biomedical Research

Law and Ethics in Biomedical Research
Author: Duff William Ramus Waring
Publisher: University of Toronto Press
Total Pages: 281
Release: 2006-01-01
Genre: Medical
ISBN: 0802086438

When a young man named Jesse Gelsinger died in 1999 as a result of his participation in a gene transfer research study, regulatory agencies in the United States began to take a closer look at what was happening in medical research. The resulting temporary shutdown of some of the most prestigious academic research centres confirmed what various recent reports in the United States as well as Canada had claimed; that the current system of regulatory oversight was in need of improvement. Law and Ethics in Biomedical Research uses the Gelinger case as a touchstone, illustrating how three major aspects of that case - the flaws in the regulatory system, conflicts of interest, and legal liability - embody the major challenges in the current medical research environment. Editors Trudo Lemmens and Duff R. Waring, along with a host of top scholars in the field, demonstrate why existing models of research review and human subject protection are in need of improvement, and how more stringent regulatory and legal means can be used to strengthen the protection of research subjects and the integrity of research. The contributors also address conflicts of interest, paying particular attention to the growing commercialization of medical research, as well as the legal liability of scientific investigators, research institutions, and governmental agencies. Legal liability is a growing concern in medical research and this fascinating study is, in the international context, one of the first to explore the liability of various parties involved in the research enterprise.

Patient Safety, Law Policy and Practice

Patient Safety, Law Policy and Practice
Author: John Tingle
Publisher: Routledge
Total Pages: 227
Release: 2011-03-02
Genre: Law
ISBN: 1136824391

Patient safety is an issue which in recent years has grown to prominence in a number of countries’ political and health service agendas. The World Health Organisation has launched the World Alliance for Patient Safety. Millions of patients, according to the Alliance, endure prolonged ill-health, disability and death caused by unreliable practices, services, and poor health care environments. At any given time 1.4 million people worldwide are suffering from an infection acquired in a health facility. Patient Safety, Law Policy and Practice explores the impact of legal systems on patient safety initiatives. It asks whether legal systems are being used in appropriate ways to support state and local managerial systems in developing patient safety procedures, and what alternative approaches can and should be utilized. The chapters in this collection explore the patient safety managerial structures that exist in countries where there is a developed patient safety infrastructure and culture. The legal structures of these countries are explored and related to major in-country patient safety issues such as consent to treatment protocols and guidelines, complaint handling, adverse incident reporting systems, and civil litigation systems, in order to draw comparisons and conclusions on patient safety.

Medical Law in Canada

Medical Law in Canada
Author: Trudo Lemmens
Publisher: Kluwer Law International B.V.
Total Pages: 239
Release: 2020-12-20
Genre: Law
ISBN: 940352961X

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the law affecting the physician-patient relationship in Canada. Cutting across the traditional compartments with which lawyers are familiar, medical law is concerned with issues arising from this relationship, and not with the many wider juridical relations involved in the broader field of health care law. After a general introduction, the book systematically describes law related to the medical profession, proceeding from training, licensing, and other aspects of access to the profession, through disciplinary and professional liability and medical ethics considerations and quality assurance, to such aspects of the physician-patient relationship as rights and duties of physicians and patients, consent, privacy, and access to medical records. Also covered are specific issues such as organ transplants, human medical research, abortion, and euthanasia, as well as matters dealing with the physician in relation to other health care providers, health care insurance, and the health care system. Succinct and practical, this book will prove to be of great value to professional organizations of physicians, nurses, hospitals, and relevant government agencies. Lawyers representing parties with interests in Canada will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of medical law in the international context.