The Law of Medical Negligence in England and Germany
eBook - PDF

The Law of Medical Negligence in England and Germany

A Comparative Analysis

  1. 182 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF

The Law of Medical Negligence in England and Germany

A Comparative Analysis

About this book

This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way. The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that the respective treatments in each country of a given matter, eg the standard of care owed by medical practitioners, are discussed side-by-side. The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other. What is of particular interest is how, notwithstanding their common starting point in terms of the application of the fault-principle under private law, the detailed rules in the two countries differ markedly. This is true both in the divergent way that claims are structured and argued, and also quite often as regards their substantive outcome. It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.

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Yes, you can access The Law of Medical Negligence in England and Germany by Marc Stauch in PDF and/or ePUB format, as well as other popular books in Law & Tort Law. We have over one million books available in our catalogue for you to explore.

Information

Year
2008
Print ISBN
9781841136462
eBook ISBN
9781847314529
Edition
1
Topic
Law
Subtopic
Tort Law
Index
Law

Table of contents

  1. Prelims
  2. 1 The Social and Legal Background
  3. 2 Treatment Malpractice— The Substantive Law
  4. 3 Treatment Malpractice— Proof Issues
  5. 4 Disclosure Malpractice
  6. 5 Reforming Medical Negligence Law
  7. 6 Conclusions
  8. Deutsche Zusammenfassung (German Summary)
  9. Bibliography
  10. Index