Tort ande Insurance Law, vol. 1Michael Faure/Helmut Koziol (eds.)
Cases on Medical Malpractice in a Comparative Perspective

Tort and Insurance Law, vol. 1
originally published with Springer (Vienna/New York); now available at Verlag Österreich (Vienna)
331 p. ISBN 978-3-7046-6056-5

Language: English

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Liability for medical malpractice is of growing importance in the field of tort law. The "medical malpractice explosion" does not seem to have come to an end yet. This study provides an overview of the legal situations, the applicable texts and the case law in nine European countries. The authors are renowned Tort law experts from each country. A comparative analysis highlights the tendencies which can be found and their economic effects. The structure is based on the study of six concrete cases which are discussed in the context of the different legal systems. This method shows which legal concepts lead to specific results and allows to easily compare the results. The study addresses questions of hospital organization, patients' consent, duties of information, faulty diagnosis, faulty treatment, the necessary standard of care, the relevance of financial limits, medical documentation, and the burden of proof. The reader finds extensive and precise information about the state of medical malpractice law in Europe.
Contents and Contributors
M. Faure/H. Koziol: Introduction
F.M. Petry: Cases and Background

Country Reports
B.A. Koch/H. Koziol: Austria
H. Cousy/M. De Graeve: Belgium
S. Galand-Carval: France
G. Schiemann: Germany
C. Stolker/S. Slabbers: The Netherlands
J. Sinde Monteiro/M. Manuel Veloso: Portugal
C. Dahlman/L. Wendel: Sweden
H. Hausheer: Switzerland
W.V.H. Rogers: United Kingdom: England

M. Faure: Comparative Analysis
H. Koziol: Deficiency of Regulation and Approach to Solution: Conclusions from the Comparative Research