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

Name: Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives
Brand: Springer
SKU: 9783030670023
Price: 11752.0 INR
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by Dobrochna Bach-Golecka

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ISBN13: 9783030670023
Binding: Paperback
Subject: N/A
Publisher: Springer
Publisher Imprint: Springer
Publication Date: May 17, 2022
Pages: 459
Original Price: EUR 159.99
Language: English
Edition: 2021
Item Weight: 701 grams
BISAC Subject(s): International, Arbitration, Negotiation, Mediation, and Medical Law & Legislation

About The Book

From the Back Cover
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.

About The Author

Dobrochna Bach-Golecka is an Associate Professor at the Faculty of Law University of Warsaw, where she works as a Vice Dean for Legal Research and International Cooperation. She was appointed judge ad hoc at the European Court of Human Rights in Strasbourg (2016-2018) and is a member of European Association of Health Law (Advisory Board), International Law Association, Research Network on European Administrative Law (ReNEUAL). Her publications focus on healthcare law, human rights, European and administrative law, ethics.

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