Introduction: Current Research on Medical Malpractice Liability

2007 ◽  
Vol 36 (S2) ◽  
pp. S1-S8 ◽  
Author(s):  
Anup Malani
Keyword(s):  
Medical Malpractice ◽  
Malpractice Liability

scholarly journals Obligations, consent and contracts in Scots law: re-analysing the basis of medical malpractice liability in light of Montgomery v Lanarkshire Health Board

Legal Studies ◽  
2021 ◽  
pp. 1-21
Author(s):  
Jonathan Brown
Keyword(s):  
Informed Consent ◽  
Legal System ◽  
Medical Malpractice ◽  
Health Board ◽  
Medical Negligence ◽  
University Hospitals ◽  
Malpractice Liability ◽  
Patient Relationships ◽  
Physician Patient ◽  
Medical Regime

Abstract Professors MacQueen and Thomson have defined ‘contract’, within Scots law, as denoting ‘an agreement between two or more parties having the capacity to make it, in the form demanded by law, to perform, on one side or both, acts which are not trifling, indeterminate, impossible or illegal’. This definition reflects the fact that Scottish contracts are underpinned by consent, rather than by ‘consideration’. This, naturally, has the potential to be of great significance within the context of physician/patient relationships, particularly since the 2006 case of Dow v Tayside University Hospitals NHS Trust acknowledged that these relationships could be contractual in nature. This observation is of renewed importance since the landmark decision in Montgomery v Lanarkshire Health Board, which found that physicians must ensure that they obtain full and freely given ‘informed consent’ from their patients, prior to providing medical services. In light of the present medical regime which requires ‘doctor and patient [to] reach agreement on what should happen’, the basis of liability for medical negligence, in Scotland, requires reanalysis: ‘To have a contract only when the patient pays is not consistent with a legal system which has no doctrine of consideration in contract’.

scholarly journals Contractual Revisions to Medical Malpractice Liability

1986 ◽  
Vol 49 (2) ◽  
pp. 253 ◽  
Author(s):  
William H. Ginsburg ◽  
Steven J. Kahn ◽  
Michael C. Thornhill ◽  
Steven C. Gambardella
Keyword(s):  
Medical Malpractice ◽  
Malpractice Liability

Nursing and Midwifery Malpractice in Turkey Based on the Higher Health Council Records

2004 ◽  
Vol 11 (5) ◽  
pp. 489-499 ◽  
Author(s):  
Ümit N Gündoğmuş ◽  
Erdem Özkara ◽  
Samiye Mete
Keyword(s):  
Health Professionals ◽  
Medical Malpractice ◽  
Civil Law ◽  
Nurse Education ◽  
Health Council ◽  
Malpractice Law ◽  
The World ◽  
Malpractice Liability ◽  
The Media ◽  
Nurses And Midwives

Medical malpractice has attracted the attention of people and the media all over the world. In Turkey, malpractice cases are tried according to both criminal and civil law. Nurses and midwives in Turkey fulfill important duties in the distribution of health services. The aim of this study was to reveal the legal procedures followed in malpractice allegations and malpractice lawsuits in which nurses and midwives were named as defendants. We reviewed 59 nursing and midwifery lawsuits reported to the Higher Health Council between 1993 and 1998. Health professionals were held liable in 59% of the lawsuits. Midwives had the highest percentage of malpractice liability (52%), followed by physicians (29%) and nurses (19%). To reduce potential liability, nurse education should be improved, a nursing malpractice law should be enacted, and instructions for nursing procedures should be formulated.

Medical Malpractice Liability in Clinical Urology: A Survey of Practicing Urologists

2006 ◽  
Vol 175 (5) ◽  
pp. 1847-1851 ◽  
Author(s):  
David L. Sobel ◽  
Kevin R. Loughlin ◽  
Christopher L. Coogan
Keyword(s):  
Medical Malpractice ◽  
Malpractice Liability
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