Whether you represent hospitals, physicians or their patients, this acclaimed publication analyzes the impact of the latest statutes, regulations, cases and trends.

This volume presents, from an international legal perspective, research on the legal liability of hospitals in the USA, Canada, the United Kingdom, Australia, and South Africa. It describes and explains the following grounds or theories which establish liability in the legal systems of the various countries: - indirect or vicarious liability; - direct or primary liability; - liability in terms of the non-delegable duty; - breach of contract; and - doctrines invoking liability. Detailed discussion of case law - including cases involving such related areas as the liability of airlines, shipping companies, and other groups - shows how the different grounds in various countries' legal systems are successfully applied. The Legal Liability of Hospitals will be of great value to practising lawyers, law students and teachers, and health care management officials.

Medical Liability and Treatment Relationships is based on Part I, The Provider and the Patient, of parent book Health Care Law and Ethics, and adds additional coverage of professional licensure and regulating access to drugs, and new cases and materials covering medical malpractice. Integrating public health, financial and ethical issues, this casebook uses compelling case law, clear notes and comprehensive background information to illuminate the complex and dynamic field of health care law. Features: Comprehensive yet concise, this casebook covers all aspects of medical liability and the treatment relationships between patient and provider. Includes cases and materials on Medical Malpractice not found in the parent book, including: Supreme Court decisions and notes on forensic medicine and epidemiological evidence. Problems on practice guidelines as proof of negligence. Cases and notes about ethics violations arising from ex parte contacts with treating physicians. Integrates public health and ethics issues from a relational perspective. Clear notes smooth transitions between cases and background information. Teacher’s Manual is derived from corresponding sections in the parent Teacher’s Manual. Online resources provide background materials, updates of important events, additional relevant topics and links to other resources on the Internet.

This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems. The work describes principles and trends, not by confronting the reader with national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient. References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.

Establishing the Professional Relationship; Negligence-Based Claims; Intentional Torts; Informed Decision Making; Causation and Damages; Affirmative Defenses; Limitations and Immunities; Vicarious Liability and Multiple Defendants; Hospital Liability; Contract, Warranty and Strict Liability; Reforming the Litigation System.

A Practitioner's Guide to Hospital Liability begins with the foundations of how hospitals are organized, how their duty of care is established, and what the basics of the cause of action would be in litigation. Unusual cases of intentional acts, such as assault and battery are covered, while most of the book deals with liability claims arising of out accidents and negligent acts.