Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation

2013 ◽  
Vol 8 (4) ◽  
pp. 423-452 ◽  
Author(s):  
Veronica Grembi ◽  
Nuno Garoupa
Keyword(s):  
Medical Malpractice ◽  
Civil Law ◽  
Tort Reform ◽  
Malpractice Litigation ◽  
Legal Reforms ◽  
Malpractice Law

AbstractMedical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

Nursing and Midwifery Malpractice in Turkey Based on the Higher Health Council Records

2004 ◽  
Vol 11 (5) ◽  
pp. 489-499 ◽  
Author(s):  
Ümit N Gündoğmuş ◽  
Erdem Özkara ◽  
Samiye Mete
Keyword(s):  
Health Professionals ◽  
Medical Malpractice ◽  
Civil Law ◽  
Nurse Education ◽  
Health Council ◽  
Malpractice Law ◽  
The World ◽  
Malpractice Liability ◽  
The Media ◽  
Nurses And Midwives

Medical malpractice has attracted the attention of people and the media all over the world. In Turkey, malpractice cases are tried according to both criminal and civil law. Nurses and midwives in Turkey fulfill important duties in the distribution of health services. The aim of this study was to reveal the legal procedures followed in malpractice allegations and malpractice lawsuits in which nurses and midwives were named as defendants. We reviewed 59 nursing and midwifery lawsuits reported to the Higher Health Council between 1993 and 1998. Health professionals were held liable in 59% of the lawsuits. Midwives had the highest percentage of malpractice liability (52%), followed by physicians (29%) and nurses (19%). To reduce potential liability, nurse education should be improved, a nursing malpractice law should be enacted, and instructions for nursing procedures should be formulated.

Doctors On Trial: A Comparison of American and Jewish Legal Approaches to Medical Malpractice

1993 ◽  
Vol 19 (4) ◽  
pp. 453-495 ◽  
Author(s):  
Joshua Fruchter
Keyword(s):  
American Medical ◽  
Medical Malpractice ◽  
Strict Liability ◽  
Tort Reform ◽  
Anglo Saxon ◽  
Malpractice Law ◽  
The Law

The recent and continual call for tort reform has many scholars proposing alternatives to current U.S. medical malpractice law. Most commentators limit their discussions to variations of the two Anglo Saxon theories of liability — negligence and strict liability. Little has been written examining the legal treatment of medical malpractice in other cultures. This article compares and contrasts Jewish and American medical malpractice law, examining both the contemporary and ancient sources of the law.

scholarly journals Medical Liability Erased: How the Protecting Access to Care Act of 2017 Limits Patients’ Access to Proper Care

2019 ◽  
Vol 37 (2) ◽  
Author(s):  
Ben Cohen
Keyword(s):  
Access To Care ◽  
Medical Malpractice ◽  
Tort Reform ◽  
Medical Liability ◽  
Malpractice Litigation ◽  
Injured Patients ◽  
The Impact

This paper outlines the severe impact that the Protecting Access to Care Act would have on victims of malpractice who have suffered grave injuries, and also explains how the bill would nearly eliminate patients’ ability to recover damages when doctors or hospitals provide negligent care. Part II of this paper will examine some of the limits that this bill would impose and the impact it would have on injured patients’ ability to recover damages. Part III will describe those entities that are truly driving this bill and what their motives for doing so are. Part IV will clarify some of the misconceptions about tort reform and caps on damages and why the enactment of this bill would ultimately do more harm than good. Finally, Part V will examine the benefits of medical malpractice litigation and why it is imperative to ensure that patients have the ability to find redress in a court of law.

How Do the Elderly Fare in Medical Malpractice Litigation, Before and After Tort Reform? Evidence from Texas

2012 ◽  
Vol 14 (2) ◽  
pp. 561-600 ◽  
Author(s):  
M. Paik ◽  
B. S. Black ◽  
D. A. Hyman ◽  
W. M. Sage ◽  
C. M. Silver
Keyword(s):  
Medical Malpractice ◽  
The Elderly ◽  
Tort Reform ◽  
Malpractice Litigation ◽  
Before And After

scholarly journals Outcomes of Medical Malpractice Litigation Against US Physicians

2012 ◽  
Vol 172 (11) ◽  
Author(s):  
Anupam B. Jena ◽  
Amitabh Chandra ◽  
Darius Lakdawalla ◽  
Seth Seabury
Keyword(s):  
Medical Malpractice ◽  
Malpractice Litigation

Arzthaftungsrecht/Medical Malpractice Law

1982 ◽  
Vol 30 (4) ◽  
pp. 704
Author(s):  
John G. Fleming ◽  
Dieter Giesen
Keyword(s):  
Medical Malpractice ◽  
Malpractice Law

The Decision-Analytic Approach to Medical Malpractice Law

1984 ◽  
Vol 4 (4) ◽  
pp. 401-414 ◽  
Author(s):  
Harold Bursztajn ◽  
Robert M. Hamm ◽  
Thomas G. Gutheil ◽  
Archie Brodsky
Keyword(s):  
Medical Malpractice ◽  
Analytic Approach ◽  
Malpractice Law
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