Medical Negligence and the Law in India


Book Description

Medical malpractice, perceived and actual, especially in the current environment of fast paced technological advances, is among the most critical health issues in India today. Related litigation has been increasing year by year, especially since the coming into force of the Consumer Protection Act. 1986. This book provides a comprehensive and detailed survey of the law under the Consumer Protection Act, the law of torts, as well as the Penal Code. It explains how the law operates in the country in the background of increasing doctor- patient conflict and rights consciousness among patients, the ignorance of doctors about law, and the complex problems faced by doctors in public hospitals. It analyses all major cases to date. In parts it addresses doctors in particular and provides guidelines and check lists to help them avoid charges of negligence. It throws significant light on issues relating to medicine and ethics, the duties of doctors, the rights and responsibilities of patients, defences available to doctors, likely areas of litigation in individual medical specialities and types of surgery, and the 'consent' of patients. The book also examines relevant law and cases from other countries.







Legal Aspects of Anaesthesia


Book Description

J.F. Crul The topic Legal Aspects of Anaesthesia is still rarely treated in book publications, but deserves increasing attention as more cases of litigation occur each year and anaesthetists also become more aware of the legal structure within which they practice their profession. I am happy to have been able to obtain the cooperation of experts in this field from various European countries. The contributing authors in this book come from both the anaesthesia and surgery side as well as from the jurisprudential background. As these two fields have their own professional jargon we have been very careful in using definitions, avoiding that a specific term might lead to misunderstanding and confusion. The international authorship did not facilitate this task. The subject of this book was also the topic of a meeting of the European Academy of Anaesthesiology held at the French Study Center, La Suquette, Saint Vincent Ie Palue~ held three years before publication of this book. The organizers G. Barrier, J.F. Crul, and J. Lassner felt the need for a book publication presenting the state of the art of anaesthesia and the law in European countries. With the present book this plan has been realized. During the meeting many subjects were thoroughly discussed and the editor considered a number of them as very informative and therefore these were included in this book.




Medical Liability in Asia and Australasia


Book Description

This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.




Introduction To Medical Negligence Law In India


Book Description

In India every year many people die and suffer due to medical negligence. This medical negligence is contributed by either the medical doctor or the clinical establishment like hospitals or nursing homes or diagnostic centers. This book is about the medical negligence occurring in India and the legal aspect in dealing with the medical negligence. The ones who suffer from medical negligence are often misguided and they never get the proper resolution or justice and they end up wasting money here and there without approaching the appropriate authority. This book gives a overview to all the sufferers where and how to address their grievances. This book also serves as a guide book for the lawyers who want to know the procedure to deal with medical negligence cases. This book is also helpful to the doctors who want themselves to be on the safer side for treating patients without committing any negligence.




Medicine and Law


Book Description

This text analyses a variety of issues concerning medicine and the application of law governing its practice, education, and research. The author addresses them in the light of recent developments in technology and views them from a comparative perspective by focusing on Indian case law and jurisdictions from other countries.







Hippocrates Volume II #148


Book Description

Of the roughly seventy treatises in the Hippocratic Collection, many are not by Hippocrates (said to have been born in Cos in or before 460 BCE), but they are essential sources of information about the practice of medicine in antiquity and about Greek theories concerning the human body, and he was undeniably the "Father of Medicine."




Medical Malpractice


Book Description

How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way. Among its important findings is that at most one in ten patients injured through medical negligence receives compensation through the malpractice system. The focus of public attention has been on the rising cost to physicians of malpractice insurance. Although Patricia Danzon analyzes this question thoroughly, her view is much broader, encompassing the malpractice system itself--the legal process, the liability insurance markets, and the feedback to health care. As an economist, she is concerned with the efficiency or cost-effectiveness of the system from the point of view of its three social purposes: deterrence of medical negligence, compensation of injured patients, and the spreading of risk. To provide evidence of the operation of the system in practice, to distinguish fact from allegation, and to evaluate proposals for reform, she has undertaken a detailed empirical analysis of malpractice claims and insurance markets. It is a major contribution to our understanding of how the system works in practice and how it might be improved.




Overcriminalization


Book Description

The United States today suffers from too much criminal law and too much punishment. Husak describes the phenomena in some detail and explores their relation, and why these trends produce massive injustice. His primary goal is to defend a set of constraints that limit the authority of states to enact and enforce penal offenses. The book urges the weight and relevance of this topic in the real world, and notes that most Anglo-American legal philosophers have neglected it. Husak's secondary goal is to situate this endeavor in criminal theory as traditionally construed. He argues that many of the resources to reduce the size and scope of the criminal law can be derived from within the criminal law itself-even though these resources have not been used explicitly for this purpose. Additional constraints emerge from a political view about the conditions under which important rights such as the right implicated by punishment-may be infringed. When conjoined, these constraints produce what Husak calls a minimalist theory of criminal liability. Husak applies these constraints to a handful of examples-most notably, to the justifiability of drug proscriptions.