Medical Liability in Europe

A Comparison of Selected Jurisdictions

Buch | Hardcover

XLIV, 701 Seiten

2011
De Gruyter (Verlag)
978-3-11-026010-6 (ISBN)

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Liability law is rapidly changing in quite a number of countries. This is due to various factors, which are interrelated to a large extent: changing case law and legislation as well as increased and still increasing technical and medical knowledge. As a result, various occupational diseases can, for example, be attributed to working conditions or personal injury to specific products. From the very moment that causation can be proven, the question arises of whether or not liability can be established‑ with far-reaching economic consequences for all parties involved. The rise of phenomena such as mass torts, multiple causation, joint and several liability or various heads of damages (like ecological damage and several diseases and affections) rapidly increases the interest in tort law. In the context of the interrelation between liability and insurance, attention must be paid to the question of whether certain liabilities are still coverable or not, and, if they are, to what amounts. (The question of jurisdictions is of growing importance as is the question of whether a specific liability can be covered by insurance. In this context, one should bear in mind that the affordability of tort law also requires safe and sound insurers. The recent past has shown that there is a limit to their financial stability.)

Ten years after the first study published in this field by the European Centre of Tort and Insurance Law, liability for medical malpractice is still a hot topic throughout Europe and it continues to expand and develop. In order to provide an update on the current situation across European legal systems, this book includes fourteen country reports authored by renowned experts from each legal system. In addition to providing a theoretical survey of key issues, each contributor also analyzed six hypotheticals based on actual cases, thereby also providing practical guidance on major aspects ofliability claims. A concluding comparative analysis highlights commonalities and differences in the liability rules employed, dispute resolution procedures and the insurance background.

Bernhard A. Koch, Professorof Civil Law, University of Innsbruck, Austria;Ken Oliphant, Professor, Institute for European Tort Law of the Austrian Academy of Sciences, Vienna, Austria.

Erscheint lt. Verlag	18.7.2011
Reihe/Serie	Tort and Insurance Law ; 29
Verlagsort	Berlin/Boston
Sprache	englisch
Maße	230 x 155 mm
Gewicht	1190 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Besonderes Schuldrecht
	Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Medizinrecht
Schlagworte	Arzthaftung • Ärztlicher Kunstfehler • blending • Compensation • CROSS-DISC • English • Europa • Germany • HC • Internationales Recht, Ausländisches Recht • International Law, Foreign Law, Comparative Law, other • Law • LEX. • Liability (Law) • Management • Medical Care • Medical personnel • Physicians • Physicians' malpractice insurance • Poland • REACH • Rechtsvergleich • RENNERTILSM252 • Schadenersatz • Schadenersatzrecht • Tort law • torts
ISBN-10	3-11-026010-7 / 3110260107
ISBN-13	978-3-11-026010-6 / 9783110260106
Zustand	Neuware