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Every crisis presents an opportunity, and today's med-mal insurance squeeze is no exception. Forced to seek innovative solutions or lose essential physician services, hospitals are finding that sponsoring liability coverage for doctors can pay off. Such sponsorship provides leverage to engage physicians in comprehensive risk-management programs.
Endophthalmitis is the nosocomial infection occurring in ophthalmology. In 1988, the French Ministry of Health defined nosocomial infection as an illness caused by microorganisms and contracted in a care establishment. In the same year, decrees and stipulations relating to sanitary safety prescribed new duties for care establishments. Patients who have suffered nosocomial infection can claim compensation either through an administrative tribunal if they were treated in a hospital, or through an ordinary court if they were treated privately. Administrative jurisprudence does not allow for the exoneration of the hospital's responsibility, except where there is proof of an external cause. In ordinary law, where jurisprudence was for many years based on the duty of best efforts, victims were not indemnified. In 1996, the Court of Cassation decided that a clinic is presumed responsible for a nosocomial infection unless it can prove that there was no error on its part. Since 1999, private health establishments have a duty to secure results. The act of 4 March, 2002, states that care establishments, whether public or private, are responsible for damages resulting from nosocomial infections, except where they can prove the existence of an external cause. Where the infection results in permanent partial disability of more than 24%, and is not due to malpractice in the care establishment, the responsibility for damages is taken over by National Solidarity.
The author specifies the rules and the vocabulary of the civil and penal procedures. He points out the characteristics of the medical act and the failures that a medical practitioner can be blamed for. He defines the notions of the duty of best efforts and the duty to achieve a specific result. The role of the expert is touched upon. The article is supplemented by significant case-law decisions and a list of recent textbooks.
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The aim of this paper was to present the main rules concerning the burden of proof in polish civil trials, including medical cases. This paper also describes the subject of evidence were presented and explained. The court influence on evidence procedure was also analysed. The effect of the institution of informed consent on burden of proof in polish civil law is also described. This paper includes numerous High Court sentences on evidential and medical issues.
The aim of this paper was to present the main rules concerning the burden of proof in polish civil trials, including medical cases. The standard rules were presented with all the important exclusions such as presumption of law and fact or prima facie evidence. The author analyses the effect of these institutions on burden of proof in medical cases. The difference between presumptions of fact and prima facie evidence was analysed and explained. This paper also describes the importance of the res ipsa loquitur rule in United Kingdom and USA. This paper includes numerous High Court sentences on evidential and medical issues.
A mental disorder of the criminal can be the cause of reprieving penal conduct or the execution of imprisonment. In the present study the matter of ability to take part in legal proceedings and arrest in preliminary custody were considered. The possibility and propriety of staying in conditions of imprisonment mentally ill persons was also considered. Legal settlements relating to this problem were submitted. We paid attention to medical circumstances in which judicial experts should act in such cases.
The effect of shortcomings in the system of civil procedure in Japan, such as excessive delay and possible mistaken judgment on the existence of negligence, on medical malpractice litigation and legal outcomes has not been examined. Using data on judgments and the decisions in medical malpractice litigation by the Tokyo and Osaka District Courts, we examined the association between civil procedure and medical malpractice litigation, and predictors of the decisions of medical malpractice litigation. The basis of the civil procedure to secure quick decisions was related to the amount of medical malpractice litigation, but not to the decisions in medical malpractice litigation. Negligence and a factor other than negligence were related to the rate of decisions in favor of the plaintiff. Although the study implies that shortcomings in civil procedure negatively influence medical malpractice litigation, it was not determined whether decisions were made based on mistaken judgment concerning the existence of negligence. Since there are methodological limitations to this study, further studies are necessary to verify these findings.
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Chicago is home to the nation's oldest public hospital, Cook County Hospital. Once considered Chicago's Ellis Island, the old hospital served countless immigrants, indigents, and uninsured for almost 90 years.
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