Civil Liability for Medical Malpractice. Damage Resulting from Doctor’s Negligence (Breach of Professional Duties)
نویسندگان
چکیده
منابع مشابه
Civil Liability for Environmental Damage
Protecting nature and preserving its health is emphasized by different religions and human mind. Enjoying a healthy environment is a fundamental human right. Any damage to the environment requires compensation of damages incurred, which is within the scope of civil liability. The key question here is what is the nature of civil liability for environmental damage? How does choosing the right nat...
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P_ hysicians and other medical providers are subject to a negligence rule of liability. To prevail, a plaintiff must show that he or she sustained damages that were caused by the failure of the physician to take due care, defined as customary practice of physicians in good standing with the profession, or a significant minority of such physicians. In a simple model, with perfect information and...
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Physicians typically carry virtually complete malpractice insurance coverage. This contradicts standard theoretical predictions that under a negligence rule of liability there should be no demand for insurance, and insurance policies under moral hazard will contain co-payment provisions. It is argued that judicial 'errors' in defining negligence generate a demand for liability and legal defense...
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A model of costly medical malpractice claims, based on Bayes Rule, is developed to examine the effects of physicians being liable for actual damage under a negligence rule. This model is consistent with empirical evidence concerning the pattern of claims. It is shown that compensating actual damage does not provide physicians with appropriate incentives to spend the second best optimal amount o...
متن کاملNew Differences between Negligence and Strict Liability and Their Implications on Medical Malpractice Reform
This Article seeks to explore previously unexamined differences between the negligence and strict liability rules and thereby examine whether medical liability reform is required. The main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons related to the lega...
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ژورنال
عنوان ژورنال: Prenatal Cardiology
سال: 2015
ISSN: 2353-8201
DOI: 10.1515/pcard-2015-0008