Medical Negligence Law in Transitional China

Medical Negligence Law in Transitional China
Author: Chunyan Ding
Publisher: Open Dissertation Press
Total Pages:
Release: 2017-01-28
Genre:
ISBN: 9781374806641

This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China

Medical Malpractice and Compensation in Global Perspective

Medical Malpractice and Compensation in Global Perspective
Author: Ken Oliphant
Publisher: Walter de Gruyter
Total Pages: 592
Release: 2013-10-29
Genre: Law
ISBN: 3110270234

The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.

MEDICAL NEGLIGENCE LAW IN TRAN

MEDICAL NEGLIGENCE LAW IN TRAN
Author: Chunyan Ding
Publisher: Open Dissertation Press
Total Pages: 348
Release: 2017-01-28
Genre: Law
ISBN: 9781374806658

This dissertation, "Medical Negligence Law in Transitional China: a Patient in Need of a Cure" by Chunyan, Ding, 丁春艳, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. DOI: 10.5353/th_b4391369 Subjects: Medical personnel - Malpractice - China Medical errors - China Medical laws and legislation - China

Dispute Resolution in China

Dispute Resolution in China
Author: Weixia Gu
Publisher: Routledge
Total Pages: 276
Release: 2021-02-22
Genre: Law
ISBN: 1317584767

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Medical Decision-Making on Behalf of Young Children

Medical Decision-Making on Behalf of Young Children
Author: Imogen Goold
Publisher: Bloomsbury Publishing
Total Pages: 414
Release: 2020-09-17
Genre: Law
ISBN: 1509928588

In the wake of the Charlie Gard and Alfie Evans cases, a wide-ranging international conversation was started regarding alternative thresholds for intervention and the different balances that can be made in weighing up the rights and interests of the child, the parent's rights and responsibilities and the role of medical professionals and the courts. This collection provides a comparative perspective on these issues by bringing together analysis from a range of jurisdictions across Europe, North and South America, Africa and Asia. Contextualising the differences and similarities, and drawing out the cultural and social values that inform the approach in different countries, this volume is highly valuable to scholars across jurisdictions, not only to inform their own local debate on how best to navigate such cases, but also to foster inter-jurisdictional debate on the issues. The book brings together commentators from the fields of law, medical ethics, and clinical medicine across the world, actively drawing on the view from the clinic as well as philosophical, legal and sociological perspectives on the crucial question of who should decide about the fate of a child suffering from a serious illness. In doing so, the collection offers comprehensive treatment of the key questions around whether the current best interests approach is still appropriate, and if not, what the alternatives are. It engages head-on with the concerns seen in both the academic and popular literature that there is a need to reconsider the orthodoxy in this area.

Clinical Labor

Clinical Labor
Author: Melinda Cooper
Publisher: Duke University Press
Total Pages: 290
Release: 2014-01-22
Genre: Social Science
ISBN: 0822377004

Forms of embodied labor, such as surrogacy and participation in clinical trials, are central to biomedical innovation, but they are rarely considered as labor. Melinda Cooper and Catherine Waldby take on that project, analyzing what they call "clinical labor," and asking what such an analysis might indicate about the organization of the bioeconomy and the broader organization of labor and value today. At the same time, they reflect on the challenges that clinical labor might pose to some of the founding assumptions of classical, Marxist, and post-Fordist theories of labor. Cooper and Waldby examine the rapidly expanding transnational labor markets surrounding assisted reproduction and experimental drug trials. As they discuss, the pharmaceutical industry demands ever greater numbers of trial subjects to meet its innovation imperatives. The assisted reproductive market grows as more and more households look to third-party providers for fertility services and sectors of the biomedical industry seek reproductive tissues rich in stem cells. Cooper and Waldby trace the historical conditions, political economy, and contemporary trajectory of clinical labor. Ultimately, they reveal clinical labor to be emblematic of labor in twenty-first-century neoliberal economies.

Medical Negligence Law in Transitional China

Medical Negligence Law in Transitional China
Author: Chunyan Ding
Publisher:
Total Pages: 0
Release: 2012
Genre: Medical care
ISBN: 9781780680729

This book contributes to a better understanding of past developments and current problems in Chinese medical negligence law and is a useful source to understand the topics of professional negligence and personal injury in Chinese law and in the Chinese society.

Towards a Chinese Civil Code

Towards a Chinese Civil Code
Author: Lei Chen
Publisher: Martinus Nijhoff Publishers
Total Pages: 577
Release: 2012-11-13
Genre: Law
ISBN: 9004204873

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

China and Hong Kong in Legal Transition

China and Hong Kong in Legal Transition
Author: Joseph W. Dellapenna
Publisher: American Bar Association
Total Pages: 312
Release: 2000
Genre: History
ISBN:

The report of the International Legal Exchange (ILEX) delegation to Beijing and Hong Kong in May 1998. The purpose of the delegation was to observe developments in the laws and legal institutions of China that are rapidly altering China's legal and economic landscape and to review the legal situation in Hong Kong since its reversion to Chinese sovereignty in July 1997.