Medical accident liability and redress in English and French law / Simon Taylor.
2015
KJC1674 .T39 2015 (Map It)
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Details
Author
Title
Medical accident liability and redress in English and French law / Simon Taylor.
Published
Cambridge, United Kingdom : Cambridge University Press, 2015.
Call Number
KJC1674 .T39 2015
ISBN
9781107102804 (hardback)
1107102804 (hardback)
1107102804 (hardback)
Description
x, 186 pages ; 24 cm
System Control No.
(OCoLC)896791268
Summary
"In 2002 France introduced an out-of-court settlement scheme for medical accidents. The scheme guarantees compensation for the victims of the most serious medical accidents irrespective of fault and operates in parallel with existing liability rules. In this book Simon Taylor compares English and French law on medical accident liability and redress, and considers what lessons the French model can provide for potential reform in England and elsewhere. Taylor emphasizes the effect of the English and French rules on access to compensation and on the cost of liability, and examines the problems that have been posed by the introduction of an administrative redress scheme in France. This book looks at the potential consequences of English and French rules for the doctor-patient relationship and for patient safety, and considers the role that national legal traditions and cultures of civil liability in England and France play in shaping national law in this area"--Unedited summary from book cover.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Gift
Purchased from the income of the Silver Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Silver Fund
Table of Contents
List of abbreviations
vii
Note on references
x
Introduction
1
1.
state of medical accident liability and redress in England
8
Medical accident liability and redress in England today
9
Reforming medical accident liability and redress law in England
10
Conclusion
22
2.
Medical accident liability and redress in France: a comparative analysis
24
civil and administrative liability rules
28
Liability of the medical profession in criminal law
49
administrative compensation scheme
53
Additional compensation schemes run by ONIAM
58
Conclusion
60
3.
Differing cultures of civil liability
61
Differing traditions of civil liability in France and England
61
Differing cultures of civil liability
65
Conclusion
75
4.
cost of medical accident redress
76
cost of medical accident redress in France
76
relevance of the French experience for English law
85
Conclusion
91
5.
Problems posed by the French administrative compensation scheme
93
categorization of victims in French medical accident compensation law
96
Uncertainty in defining the boundaries of the liability and redress rules
98
Inconsistency in decision-making
104
Justifying the categorization of claims
106
Does the administrative compensation scheme treat victims fairly?
108
Analysis and comparison with English law
112
Conclusion
115
6.
Shaping the doctor--patient relationship through civil liability law
117
Recognition of patient autonomy through informed consent to treatment
118
Appeasing the doctor--patient relationship through a duty of candour
137
effect of the out-of-court settlement scheme on the doctor--patient relationship
143
Conclusion
148
7.
Medical accident liability and redress: promoting patient safety?
150
Civil liability as a deterrent to medical accidents
152
Civil liability and learning from medical accidents
156
effect of the French administrative compensation scheme on patient safety
166
Conclusion
169
General conclusion
172
Index
179