Compensation Schemes for Damages Caused by Healthcare and Alternatives to Court Proceedings: Comparative Law Perspectives

The book discusses compensation mechanisms and non-judicial means for medical negligence, focusing on medical malpractice and prospective medical harm from a civil law perspective. It examines the patient-physician relationship, extra-legal conditions, and the responsibility of public authorities and healthcare providers to guarantee access to healthcare.

Format: Paperback / softback
Length: 459 pages
Publication date: 17 May 2022
Publisher: Springer Nature Switzerland AG

The book delves into comprehensive compensation mechanisms and alternative non-judicial avenues that exist within national legal frameworks, specifically designed to address and provide remedies for medical negligence. These schemes primarily take a civil or administrative approach, serving as supplementary measures to criminal liability. Consequently, the book's central focus lies in examining medical malpractice and the potential for medical harm from a civil law perspective. It explores the evolving dynamics of the patient-physician relationship, transitioning from a quasi-patrimonial arrangement to a partnership of quasi-equal parties engaged in the scientific endeavor of medical treatment. Furthermore, the book scrutinizes the additional non-legal factors considered in compensation agreements, emphasizing the importance of satisfying a psychological urge for conciliation and empathy among medical personnel. Additionally, the book examines the responsibility of public authorities and healthcare providers to ensure the availability of healthcare that meets stringent quality standards outlined in international (and European) law.

The book delves into comprehensive compensation mechanisms and alternative non-judicial avenues that exist within national legal frameworks, specifically designed to address and provide remedies for medical negligence. These schemes primarily take a civil or administrative approach, serving as supplementary measures to criminal liability. Consequently, the book's central focus lies in examining medical malpractice and the potential for medical harm from a civil law perspective. It explores the evolving dynamics of the patient-physician relationship, transitioning from a quasi-patrimonial arrangement to a partnership of quasi-equal parties engaged in the scientific endeavor of medical treatment. Furthermore, the book scrutinizes the additional non-legal factors considered in compensation agreements, emphasizing the importance of satisfying a psychological urge for conciliation and empathy among medical personnel. Additionally, the book examines the responsibility of public authorities and healthcare providers to ensure the availability of healthcare that meets stringent quality standards outlined in international (and European) law.

Weight: 712g
Dimension: 235 x 155 (mm)
ISBN-13: 9783030670023
Edition number: 1st ed. 2021