Medical Malpractice Legislation: Reforms in Civil Law Systems
Imported Edition - Ships in 12-14 Days
Free Shipping in India on orders above Rs. 500
Imported Edition - Ships in 12-14 Days
Free Shipping in India on orders above Rs. 500
This book aims to analyse the legal tools that the legislatures of France, Germany and Italy adopted in order to regulate medical malpractice.
In the mid-1970s, a reform movement started in the United States, where there was considerable concern about then ongoing medical malpractice crises. Since the beginning of the current century, France, Germany and Italy have passed statutes that aim to reform medical liability rules. Thus, it is first interesting to assess whether any medical malpractice crises have been identified in these systems and, second, how these have been faced through the passing of new statutes on the continent. Accordingly, the first chapter explores the idea of medical malpractice crisis and its relationship with the insurance market, also considering the reflections of American scholars. It then reconstructs the French, German and Italian legal frameworks, as well as their insurance and litigation contexts, reviewing and commenting on the quantitative evidence that was collected before the reforms. The second chapter briefly summarises the debate on medical malpractice reforms in France, Germany and Italy. It then analyses the statutes that have been passed, distinguishing between reforms that consolidate case law and reforms that introduce innovative solutions, sometimes repealing court-developed doctrines. In particular, the chapter examines in a comparative perspective the diff erent options adopted in these civil law countries with regard to the rules on liability, burden of proof, statute of limitations and damages. Moreover, the chapter examines the reforms of insurance, procedural and evidence law, to the extent they affect medical malpractice cases. The third chapter reviews and analyses the current available data related to medical malpractice litigation and insurance after the reforms adopted in France, Germany and Italy, in order to find out evidence of their effectiveness and efficiency. It also highlights some aspects of medical malpractice law that still belong to the domain of the judiciary. It finally points out which problems may be addressed by the legislatures and what further data should be collected in the future.
This work may interest legal scholars, healthcare providers, insurers and policymakers.
Carlo Maria Masieri is Research Fellow in Comparative Private Law at Università degli Studi di Milano, Italy. He was a visiting student researcher at the University of California, Berkeley in 2015, a visiting Ph.D. student at Ruprecht-Karls-Universität Heidelberg in 2016, and a visiting researcher at Cornell University in 2019. Carlo earned the Italian Scholarly Certification for Teaching as an Associate Professor of Private Law in 2019, and of Comparative Private Law in 2020. He authored several scientific publications on tort law, environmental law, climate change law, contracts and privacy.
• Author(s): Clear | James • Publisher: Penguin • Publisher Imprint: Penguin Random House • Subject: General Books
• Author(s): Ichiro Kishimi • Publisher: GROVE ATLANTIC • Publisher Imprint: Allen & Unwin • BISAC: Personal Growth - SuccessIchiro Kishimi lives in Kyoto. He writes, lectures and teaches in psychiatric clinics as a certified counsellor and c...
View full details• Author(s): Chetan Bhagat • Publisher: HarperCollins Publishers India • Publisher Imprint: HarperCollins Publishers India • BISAC: GeneralFrom India's top-selling writer Chetan Bhagat comes a powerful new love story that will make you laugh, cry...
View full details• Author(s): Brianna Wiest • Publisher: Manjul Publishing • Publisher Imprint: Amaryllis • BISAC: Body Mind And SpiritThis is a book about self-sabotage. Why we do it, when we do it, and how to stop doing it—for good. Coexisting but conflicting n...
View full details• Author(s): Morgan Housel • Publisher: Pan Macmillan • Publisher Imprint: Pan Macmillan • BISAC: Finance - Wealth ManagementA third book from the International bestselling author of The Psychology of Money and Same as Ever, lessons on harnessing...
View full details• Author(s): Arundhati Roy• Publisher: PRH INDIA LOCAL PRINT• Publisher Imprint: Penguin Hamish Hamilton• BISAC: Literary FiguresArundhati Roy’s first work of memoir, this is a soaring account, both intimate and inspiring, of how the author became...
View full details• Author(s): Acharya Prashant • Publisher: HarperCollins Publishers India • Publisher Imprint: HarperCollins Publishers India • BISAC: GeneralIn a world where vagueness is mistaken for depth and obscurity passes for wisdom, Truth without Apology ...
View full details• Author(s): Sudha Murthy • Publisher: India Puffin • Publisher Imprint: India Puffin • BISAC: Short StoriesWho can resist a good story, especially when it's being told by Grandma? From her bag emerges tales of kings and cheats, monkeys and mic...
View full details• Author(s): Satoshi Yagisawa • Publisher: Bonnier Books Ltd • Publisher Imprint: Bonnier Books Ltd
• Author(s): Newport, Cal • Publisher: Little, Brown Book Group • Publisher Imprint: Piatkus
• Author(s): Shrijeet Shandilya • Publisher: Ebury Press • Publisher Imprint: Ebury Press • BISAC: Romance - GeneralIn the electric haze of college life, three friends are bound by laughter, late-night talks and unspoken promises. But when two of...
View full details• Author(s): Dan Brown • Publisher: Transworld Publishers Ltd • Publisher Imprint: Transworld Publishers Ltd • BISAC: Thrillers - EspionageDan Brown is the bestselling author of Digital Fortress, Deception Point, Angels and Demons, The Da Vinci C...
View full details• Author(s): Sudha Murty • Publisher: India Puffin • Publisher Imprint: India Puffin • BISAC: Action & Adventure - General
Rich Dad Poor Dad: What the Rich Teach Their Kids about Money That the Poor and Middle Class Do Not!
• Publisher: Penguin • Publisher Imprint: Penguin Random House • Subject: General Books • BISAC: Personal Finance - GeneralApril of 2022 marks a 25-year milestone for the personal finance classic Rich Dad Poor Dad that still ranks as the #1 Pers...
View full details• Author(s): Dale Carnegie | Napoleon Hill • Publisher: Fingerprint • Publisher Imprint: Fingerprint • Subject: General Books
• Author(s): Freida Mcfadden • Publisher: Penguin Select Print • Publisher Imprint: Penguin Select Publishing"Multi-Million Copy Bestselling Series •Now Being Made Into a Major Motion Picture Starring Sydney Sweeney and Amanda Seyfried #1 New Yor...
View full details• Author(s): Wonder House Books • Publisher: Wonder House Books • Publisher Imprint: Wonder House Books • BISAC: Comics & Graphic Novels - Fairy Tales, Folklore, Legends & MTimeless Wisdom, Talking Animals & Life Lessons for Young Min...
View full details• Author(s): Viktor E. Frankl • Publisher: Random House • Publisher Imprint: Random Hou • Subject: Medical, Nursing and Health Sciences
• Author(s): Madhavi Bharadwaj • Publisher: PRH India • Publisher Imprint: Penguin Ebury Press • BISAC: Parenting - MotherhoodWelcome to the wild, messy, wonderful world of parenting--where the nights are long, the diapers are explosive, and unso...
View full details• Author(s): Vir Das • Publisher: HarperCollins Publishers India • Publisher Imprint: HarperCollins Publishers India • BISAC: Entertainment & Performing ArtsComedian and actor Vir Das is beloved (by some, tolerated by others, blocked by a few...
View full details• Author(s): Eric Carle • Publisher: Penguin Books, Limited (UK) • Publisher Imprint: Penguin Books, Limited (UK) • BISAC: Animals - Butterflies, Moths & CaterpillarsEric Carle's The Very Hungry Caterpillar is a perennial favourite with child...
View full details• Author(s): Prajakta Koli • Publisher: Harper Fiction India • Publisher Imprint: Harper Fiction India • BISAC: Romance - ContemporaryWinner of the Amazon India Popular Choice Debut Book 2025 Award. From one of India's most-loved creators comes s...
View full details• Author(s): Albom, Mitch • Publisher: Little, Brown Book Group • Publisher Imprint: Sphere* Subtitled 'An old man, a young man, and life's greatest lesson', this is a true story of a man's rediscovery of his mentor - a book about second chances.