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Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure
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Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings - Comparative Law Perspectives (Paperback, 1st ed. 2021)
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Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings - Comparative Law Perspectives (Paperback, 1st ed. 2021)
Series: Ius Comparatum - Global Studies in Comparative Law, 53
Expected to ship within 10 - 15 working days
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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.
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