There is now incontrovertible evidence that medical mistakes and mishaps occur in significant numbers every year. This book examines the uncertainty and some of the myths surrounding errors and claims in healthcare, and places the arguments surrounding the so-called compensation culture on a stronger statistical, and hence epistemological basis.

Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author: identifies and analyzes the growing pressures on doctors in modern society, placing their role in context explores some of the myths surrounding media claims about malpractice considers the practice of 'defensive medicine' and the difference between defensive practices and sensible risk management examines external pressures, such as political interference with clinical practice in the form of target-setting and what might be described as a culture of creeping privatization of healthcare. Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.

Recent studies into the experiences and failures of health care services, along with the rapid development of patient advocacy, consumerism and pressure groups have led historians and social scientists to engage with the issue of the medical complaint. As expressions of dissatisfaction, disquiet and failings in service provision, past complaining is a vital antidote to progressive histories of health care. This book explores what has happened historically when medicine generated complaints. This multidisciplinary collection comprises contributions from leading international scholars and uses new research to develop a sophisticated understanding of the development of medicine and the role of complaints and complaining in this story. It addresses how each aspect of the medical complaint – between sciences, professions, practitioners and sectors; within politics, ethics and regulatory bodies; from interested parties and patients – has manifested in modern medicine, and how it has been defined, dealt with and resolved. A critical and interdisciplinary humanities and social science perspective grounded in historical case studies of medicine and bioethics, this volume provides the first major and comprehensive historical, comparative and policy-based examination of the area. It will be of interest to historians, sociologists, legal specialists and ethicists interested in medicine, as well as those involved in healthcare policy, practice and management.

The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.

Analyzing the level of claims for clinical negligence in the light of the most recent trends and discovering whether there is indeed a litigation crisis in healthcare, this book is a topical and compelling exploration of healthcare and doctor-patient relationships. The author: identifies and analyzes the growing pressures on doctors in modern society, placing their role in context explores some of the myths surrounding media claims about malpractice considers the practice of ‘defensive medicine’ and the difference between defensive practices and sensible risk management examines external pressures, such as political interference with clinical practice in the form of target-setting and what might be described as a culture of creeping privatization of healthcare. Covering the topics of medicine and the media and the causes of occupational stress among doctors, this volume is a must read for all students of medical law and medical ethics.

Considers the lessons that French medical accident liability and redress law provides for possible reform in England and elsewhere.

The work draws together a rich tapestry of material across many different disciplines, covering the crucial relationship between medicine and law from the early apothecaries to the modern-day general practitioner. It presents an invaluable overview of the subject and offers vital background reading to anyone interested in medico-legal medicine, as well as providing a springboard for students of medicine and law interested in researching the field through its remarkable diversity of reference resources.