Medical Negligence in Victorian Britain is the first detailed exploration of the hundreds of charges of neglect against doctors who were contracted to the 'new' poor law after the Poor Law Amendment Act of 1834. The author moves beyond the hyperbole of Victorian public 'scandal' to use medical negligence as a prism through which to view hidden aspects of poor law doctors and their patients. This provides a uniquely grounded perspective, from the day-to-day experience of medical practice - for both doctor and patient - to the context of the medico-political, socio-legal and cultural processes that underpinned the social construction of negligence at this time.
The result is a clearly enunciated description of what negligence meant to the Victorians and how they sought to define and deal with negligent care, moving the topic from the sidelines of English welfare history to the centre-stage role it played in Victorian society. Thematically and chronologically arranged in two parts, the book uses extensive new archival material with a particular focus on the official inquiries into neglect conducted by poor law inspectors. It offers a fresh perspective on the poor laws that has repercussions for wider histories of welfare, medicine and legal medicine.
Название: Medical Negligence: Non-Patient and Third Party Claims ISBN: 1138279625 ISBN-13(EAN): 9781138279629 Издательство: Taylor&Francis Рейтинг: Цена: 7961.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Healthcare professionals face an increasing threat of litigation from parties whom they have never met in their daily medical practice and who look nothing like the traditional patient. This book explores the legal principles and conundrums which arise when determining a healthcare professional`s liability in negligence towards a wide variety of non-patients.
Автор: Jonathan R.H.H. Pockson Название: Accountants` Professional Negligence ISBN: 0333278453 ISBN-13(EAN): 9780333278451 Издательство: Springer Рейтинг: Цена: 7685.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Автор: Sharon Erbacher Название: Negligence and Illegality ISBN: 1509906665 ISBN-13(EAN): 9781509906666 Издательство: Bloomsbury Academic Рейтинг: Цена: 14256.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines claims in negligence for compensation for harm arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterized by confusing and contradictory case law. Sharon Erbacher analyzes the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. It is argued that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. This book develops the work of Ernest Weinrib and Allan Beever to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application. Dissertation. (Series: Hart Studies in Private Law, Vol. 20) Subject: Contract Law, Commercial Law, Comparative Law, Tort Law]
Автор: Gemma Turton Название: Evidential Uncertainty in Causation in Negligence ISBN: 1849467048 ISBN-13(EAN): 9781849467049 Издательство: Bloomsbury Academic Рейтинг: Цена: 13464.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English caselaw shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, whose scope and meaning are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law. (Series: Hart Studies in Private Law) Subject: Contract Law, Tort Law, Commercial Law, Restitution Law, Legal Philosophy]
Автор: James Plunkett Название: The Duty of Care in Negligence ISBN: 1509939520 ISBN-13(EAN): 9781509939527 Издательство: Bloomsbury Academic Рейтинг: Цена: 4592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book aims to provide a detailed analysis and overview of the duty of care enquiry, drawing on both academic analyses and judicial experience in leading common law systems. A new structure through which duty problems can be analysed is also proposed. It is hoped that the book provides some fresh insights and clarity of the concept to the reader.
Автор: Sharon Erbacher Название: Negligence and Illegality ISBN: 1509929789 ISBN-13(EAN): 9781509929788 Издательство: Bloomsbury Academic Рейтинг: Цена: 5542.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book examines claims in negligence arising from illegal conduct of the claimant. An array of public policy and other grounds have been advanced for resolving these claims, resulting in an area that is characterised by confusing and contradictory case law. The book analyses the various explanations put forward as the basis for illegality doctrine within a framework of corrective justice theory. Illegality law poses particular challenges for the corrective justice explanation of negligence law, as many illegality tests are based on public policy considerations external to the relationship of the parties. The book argues that the only circumstance where illegality doctrine should be applied to deny a claim is where this is necessary to preserve the coherence of the legal system. It develops the work of Ernest Weinribian corrective justice theorists to explain how the principle of legal coherence fits within the framework of corrective justice theory, and why legal coherence is the only valid conceptual basis for a doctrine of illegality. It also contains a detailed study on the scope of the coherence rationale and the principles that will determine its application.
Автор: Turton Gemma Название: Evidential Uncertainty in Causation in Negligence ISBN: 1509924485 ISBN-13(EAN): 9781509924486 Издательство: Bloomsbury Academic Рейтинг: Цена: 5384.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book undertakes an analysis of academic and judicial responses to the problem of evidential uncertainty in causation in negligence. It seeks to bring clarity to what has become a notoriously complex area by adopting a clear approach to the function of the doctrine of causation within a corrective justice-based account of negligence liability. It first explores basic causal models and issues of proof, including the role of statistical and epidemiological evidence, in order to isolate the problem of evidential uncertainty more precisely. Application of Richard Wright's NESS test to a range of English case law shows it to be more comprehensive than the 'but for' test that currently dominates, thereby reducing the need to resort to additional tests, such as the Wardlaw test of material contribution to harm, the scope and meaning of which are uncertain. The book builds on this foundation to explore the solution to a range of problems of evidential uncertainty, focusing on the Fairchild principle and the idea of risk as damage, as well as the notion of loss of a chance in medical negligence which is often seen as analogous with 'increase in risk', in an attempt to bring coherence to this area of the law.
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