Comparative analysis of medical malpractice law

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Thi Bao Anh Nguyen
Keyword(s):  
Comparative Analysis ◽  
Medical Malpractice ◽  
Strict Liability ◽  
Medical Practitioner ◽  
Standard Of Care ◽  
The Other ◽  
European Countries ◽  
Future Directions ◽  
Malpractice Law

Abstract This research presents the background of medical malpractice law, the tort of negligence with fault, tor of negligence without fault and wrongdoer’s in Vietnam in comparison with medical malpractice laws of some European countries. Vietnamese medical malpractice law has some similarities and noticeable differences to the other European countries. In particular, Vietnam has faced the lack of very important regulations in accurately determining the misconduct of medical practitioner such as standard of care, loss of chance, and strict liability. We propose future directions of possible amendments in the Vietnamese medical malpractice law.

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.

Leadership of Educational Opportunities for Adults

2016 ◽  
pp. 115-131
Author(s):  
Alan B. Knox
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Educational Leadership ◽  
The United States ◽  
Educational Opportunities ◽  
The Other ◽  
Future Directions ◽  
Related Research ◽  
Learning Programs ◽  
Similarities And Differences

This chapter on leadership of educational opportunities for adults in the United States includes chapter purpose about an American vision for conducting excellent learning programs. This purpose and format differ from the other book chapters. The middle section contains 15 brief examples about leadership tasks. The conclusion of each section poses a question about strengthening educational leadership. The concluding section provides a rationale for the reader's comparative analysis of similar leadership tasks, by considering similarities and differences between the American examples and similar educational opportunities for adults in the reader's setting. The chapter ends with a bibliographic essay on additional readings for readers interested in more detailed information and comparative analysis about a selected leadership task. These concepts help to explain the examples and guidelines and suggest future directions for related research and evaluation.

Leadership of Educational Opportunities for Adults

2015 ◽  
pp. 1-22
Author(s):  
Alan B. Knox
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Educational Leadership ◽  
The United States ◽  
Educational Opportunities ◽  
The Other ◽  
Future Directions ◽  
Related Research ◽  
Learning Programs ◽  
Similarities And Differences

This chapter on leadership of educational opportunities for adults in the United States includes chapter purpose about an American vision for conducting excellent learning programs. This purpose and format differ from the other book chapters. The middle section contains 15 brief examples about leadership tasks. The conclusion of each section poses a question about strengthening educational leadership. The concluding section provides a rationale for the reader's comparative analysis of similar leadership tasks, by considering similarities and differences between the American examples and similar educational opportunities for adults in the reader's setting. The chapter ends with a bibliographic essay on additional readings for readers interested in more detailed information and comparative analysis about a selected leadership task. These concepts help to explain the examples and guidelines and suggest future directions for related research and evaluation.

scholarly journals Malpractice in Radiology: What Should You Worry About?

2013 ◽  
Vol 2013 ◽  
pp. 1-10 ◽  
Author(s):  
Alessandro Cannavale ◽  
Mariangela Santoni ◽  
Paola Mancarella ◽  
Roberto Passariello ◽  
Paolo Arbarello
Keyword(s):  
Medical Malpractice ◽  
Healthcare Workers ◽  
Standard Of Care ◽  
Legal Issues ◽  
Physician Patient Relationship ◽  
Basic Principles ◽  
Malpractice Insurance ◽  
Malpractice Law ◽  
Physician Patient

Over recent years the professional role of the radiologist has been evolved due to the increasing involvement in the clinical management of the patient. Radiologists have thus been increasingly charged by new duties and liabilities, exposing them to higher risks of legal claims made against them. Malpractice lawsuits in radiology are commonly related to inappropriate medical care or to the poor physician-patient relationship. In the present paper, we provide overview of the basic principles of the medical malpractice law and the main legal issues and causes of legal actions against diagnostic and interventional radiologists. We also address some issues to help radiologists to reduce risks and consequences of malpractice lawsuits. These include (1) following the standard of care to the best of their ability, (2) cautious use of off-label devices, (3) better communication skills among healthcare workers and with the patient, and (4) ensuring being covered by adequate malpractice insurance. Lastly, we described definitions of some medicolegal terms and concepts that are thought to be useful for radiologists to know.

No-Fault Versus Strict Liability Compensation Systems in Medical Malpractice Law in Vietnam in Comparision with Belgium, France, and England

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Thi Bao Anh Nguyen
Keyword(s):  
Medical Malpractice ◽  
Strict Liability ◽  
Tort Law ◽  
Compensation System ◽  
Compensation Systems ◽  
Malpractice Law ◽  
Tort System ◽  
Pain And Suffering ◽  
Fault Compensation ◽  
Uniform Manner

Abstract Medical malpractice is a form of professional negligence and such a negligence forms part of the law of tort. As an alternative to the tort or fault-based system in medical malpractice, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system. This is through the provision of fair, speedy and adequate compensation for medically injured victims. A no-fault compensation system allows patients to be compensated without proof of provider’s fault or negligence. Similar to no-fault schemes, the strict liability system is not fault-based although it belongs to tort law. Successful claims are paid in a uniform manner using a fixed benefits schedule and include compensation for both economic and non-economic (pain and suffering losses) without the necessity of proving negligence through a tort claim. This study focuses on the comparison of no-fault compensation systems versus strict liability systems between Vietnam to Belgium, France, and England. The distinctions in Belgium, France, and England can be the lessons for the development of a no-fault compensation system as well as strict liability system in Vietnam.

scholarly journals Penal Sanctioning of Zoophilia in Light of the Legal Status of Animals—A Comparative Analysis of Fifteen European Countries

Animals ◽  
2020 ◽  
Vol 10 (6) ◽  
pp. 1024
Author(s):  
Szilvia Vetter ◽  
Anita Boros ◽  
László Ózsvári
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
European Countries ◽  
Country Rankings ◽  
Criminal Legislation

The criminal legislation regarding zoophilia and the legal status of animals were examined in 15 European countries. With regard to zoophilia, answers to the following questions were sought: are sexual acts performed with animals and the possession and distribution of animal pornography criminally punishable? Several aspects of the legal status of animals were examined including: (1) is the protection of individual animals included in the constitution, (2) do animals have a special status beyond mere objects, (3) can we find specific legislative provisions that explicitly state that animals are not simply things, and (4) does the legal system also take the “dignity” of animals into consideration. The assessment of zoophilia and the legal status of animals resulted in two country rankings, which the authors compared with each other. The correlation was not significant (p = 0.3147). At the same time, countries with differentiated criminal legislation for zoophilia were also 3.62 times more likely to rank higher in terms of the legal status of animals. The Swiss regulations are exceptional in both respects, while at the other end of the list, Italy does not have specific legislative provisions for either aspect.

Comparative Analysis of Ahmet Hamdi Tanpinar’s Travels to European Countries

2017 ◽  
Vol 5 (1) ◽  
pp. 78
Author(s):  
Aysel KAMAL ◽  
Sinem ATIS
Keyword(s):  
Social History ◽  
Young Lady ◽  
The Other ◽  
European Countries ◽  
Cultural Relations ◽  
The West ◽  
Literary Works ◽  
European Culture ◽  
Turkish Literature ◽  
Art And Architecture

Ahmet Hamdi Tanpinar (1901-1962) is one of the most controversial authors in the 20th century Turkish literature. Literature critics find it difficult to place him in a school of literature and thought. There are many reasons that they have caused Tanpinar to give the impression of ambiguity in his thoughts through his literary works. One of them is that he is always open to (even admires) the "other" thought to a certain age, and he considers synthesis thinking at later ages. Tanpinar states in the letter that he wrote to a young lady from Antalya that he composed the foundations of his first period aesthetics due to the contributions from western (French) writers. The influence of the western writers on him has also inspired his interest in the materialist culture of the West. In 1953 and 1959 he organized two tours to Europe in order to see places where Western thought and culture were produced. He shared his impressions that he gained in European countries in his literary works. In the literary works of Tanpinar, Europe comes out as an aesthetic object. The most dominant facts of this aesthetic are music, painting, etc. In this work, in the writings of Tanpinar about the countries that he travelled in Europe, some factors were detected like European culture, lifestyle, socio-cultural relations, art and architecture, political and social history and so on. And the effects of European countries were compared with Tanpinar’s thought and aesthetics. Keywords: Ahmet Hamdi Tanpinar, Europe, poetry, music, painting, culture, life

Investigation Of Over The Counter (Otc ) Pharmaceutical Brands Prefered By New Age Indian Women

2019 ◽  
Vol 118 (4) ◽  
pp. 1-15
Author(s):  
Dr.G. Madhumita ◽  
Dr.G. Rajini ◽  
Dr.B. Subisha
Keyword(s):  
Pharmaceutical Company ◽  
Medical Practitioner ◽  
New Age ◽  
The Other ◽  
Pharmaceutical Companies ◽  
Brand Preference ◽  
Over The Counter ◽  
Indian Women ◽  
Prescription Medicines ◽  
Otc Medicines

The study investigates the preference of OTC Medicines among the pharmaceutical brand.OTC Medicines means medicines lawfully permitted to sell  “Over the Counter”, i.e. devoid of the prescription of a Registered Medical Practitioner. In India, although the expression has no lawful acknowledgment, all the medicines that are not incorporated in the list of ‘prescription only medicines’ are measured as non-prescription medicines (or OTC Medicines).Pharmaceutical over the counter products (OTC) be the medicines which can be sold without prescription. Also termed as “Non Prescription Medicines” discussed by Arti(2010).This article talks about top pharmaceutical company brands Aventis Pharma, GlaxoSmithKline, Surya Pharma, Torrent Pharma,Glenmark,Divis Labs,Biocon, Orchid Chemical, Abbott Indi, Sterling Bio, Alembic Pharma etc, the brand preference of New Age Indian Women. A 736 questionnaire was composed of different age and different New Age Indian Women in around Urban :Chennai ;Semi Urban :Neyveli ; Rural :Soolurpet ;Tirupur. The findings of the study shows that the highest preferred generic brand is balms,  Medicines chosen  for fever is Crocin, Idoex  is most ideal pain blams, volini spray is also most preferred brand, ENO is ideal Antacid brand, Sadiron is another chosen brand for cough and cold, the other brands are Metfal SPS, Johnson, Revital are the other favored brands. The study will be a great instrument for the pharmaceutical companies brands to understand today’s New Age Indian Women.

COMMUNICATIVE POLICY OF PUBLIC AUTHORITIES IN EUROPEAN COUNTRIES: COMPARATIVE ANALYSIS

2020 ◽  
Vol 11 (6) ◽  
Author(s):  
VALERII M. DRESHPAK ◽  
VIKTOR G. KOVALOV ◽  
NATALIІA V. BABACHENKO ◽  
EVGEN M. PAVLENKO
Keyword(s):  
Comparative Analysis ◽  
European Countries ◽  
Public Authorities

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

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