Tort and Insurance Law, vol. 24

K Oliphant/RW Wright (eds)
Medical Malpractice and Compensation in Global Perspective

Tort and Insurance Law, vol. 32

De Gruyter 2013
xxiv, 573 p. ISBN: 978-3-11-026997-0

Language: English

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The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.


Ken Oliphant/Richard W. Wright:
Medical Malpractice and Compensation in Global Perspective:Introduction

Bernhard A. Koch: Medical Malpractice in Austria

Eduardo Dantas: A Bridge over troubled Waters: The Development of Medical Malpractice Litigation in Brazil

Colleen M. Flood/Bryan Thomas: Canadian Medical Malpractice Law in 2011: Missing the Mark on Patient Safety

Zhu Wang/Ken Oliphant: Yangge Dance: the Rhythm of Liability for Medical Malpractice in the People’s Republic of China

Florence G’sell-Macrez: Part I: The French Rules of Medical Liability since the Patients’ Rights Law of March 4, 2002

Geneviève Helleringer: Part II: Compensation Based on National Solidarity

Marc S. Stauch: Medical Malpractice and Compensation in Germany

Claudia Di Marzo: Medical Malpractice: The Italian Experience

Robert B Leflar: The Law of Medical Misadventure in Japan

Stephen Todd: Treatment Injury in New Zealand

Kinga Baczyk-Rozwadowska:
Medical Malpractice and Compensation in Poland

Vibe Ulfbeck/Mette Hartlev/Mårten Schultz: Malpractice in Scandinavia

L.C. Coetzee/Pieter Carstens: Medical Malpractice and Compensation in South Africa

Richard Goldberg: Medical Malpractice and Compensation in the UK

David A. Hyman/Charles M. Silver: Medical Malpractice and Compensation in Global Perspective: How Does the U.S. Do It?

Ken Oliphant: Medical Malpractice and Compensation:
Comparative Observations