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

2021 ed.

Book Details

Format Hardback or Cased Book
Book Series Ius Comparatum - Global Studies in Comparative Law
ISBN-10 3030669998
ISBN-13 9783030669997
Edition 2021 ed.
Publisher Springer Nature Switzerland AG
Imprint Springer Nature Switzerland AG
Country of Manufacture GB
Country of Publication GB
Publication Date May 17th, 2021
Print length 459 Pages
Product Classification: Comparative lawInternational lawArbitration, mediation & alternative dispute resolutionArbitration, mediation and alternative dispute resolutionMedical & healthcare lawMedical and healthcare lawPublic health & preventive medicinePublic health and preventive medicine
Ksh 25,200.00
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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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