Modern Risk-Management Issues for Physicians: It’s Not Just about Medical Malpractice Liability Insurance Anymore!

2020 ◽  
Vol 12 (3) ◽  
Author(s):  
Nguyen Thi Bao Anh

Medical malpractice liability insurance (MMLI) is one type of professional liability insurance that protects healthcare professionals from liability associated with wrongful practices. This type of MMLI can cover a result of bodily injury, medical expenses, and property damage, as well as the cost of defending lawsuits related to such claims. The frameworks of MMLI of the countries such as explanations, insurable interest, insured risk, insured premium, indemnification, and the third party will be analysed and compared.  Comparing the systems of MMLI in Vietnam with other countries-Belgium, France, and England- is to be aware of the different and similar regulations. The results from this study may help Vietnam to study more through the models of MMLI of Belgium, France, and England.


2000 ◽  
Vol 31 (1) ◽  
pp. 56-61 ◽  
Author(s):  
Thomas J. O'Toole

The public schools must follow laws that deal with services for children who meet the legal requirements for having a disability. Children who have swallowing disorders that require the services of a speech-language pathologist typically meet the definition of a child with a disability. This article addresses the importance of the speech-language pathologist being aware of legal requirements for the provision of services as well as liability, ethical, and risk management issues related to the provision of such services. Financial considerations relating to service provision are also described.


2003 ◽  
Vol 206 (3) ◽  
pp. 193-200 ◽  
Author(s):  
Gary Winston ◽  
Shlomo Lerman ◽  
Shalom Goldberger ◽  
Malcolm Collins ◽  
Alex Leventhal

Legal Studies ◽  
2021 ◽  
pp. 1-21
Author(s):  
Jonathan Brown

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’.


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