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This volume examines the development of medical liability in Germany during its intense formative period from 1800-1945. It focuses on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, it uncovers a rich interaction between the legal and medical narratives concerning fault. It offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, the broader social context, identifying a gradual shift towards asserting the independence of courts from accepted medical narrative in the light of technological advances.
Physicians --- Liability (Law) --- Medical care --- Malpractice --- Liability, Legal --- Delivery of Health Care --- History, 19th Century --- History, 20th Century --- Law and legislation --- history --- legislation & jurisprudence --- Germany --- History --- Physicians - Malpractice - Germany --- Liability (Law) - Germany --- Medical care - Law and legislation - Germany --- Malpractice - history --- Liability, Legal - history --- Delivery of Health Care - legislation & jurisprudence --- Germany - History - 1789-1900 --- Germany - History - 20th century
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Medical law --- Comparative law --- Tort and negligence --- Insurance law --- Medical personnel --- Personal injuries --- Reparation (Criminal justice) --- Compensation (Law) --- Personnel médical --- Dommage corporel --- Réparation (Droit) --- Indemnisation --- Malpractice --- Responsabilité professionnelle --- Physicians --- Medical care --- Liability (Law) --- Law and legislation --- Europe --- Personnel médical --- Réparation (Droit) --- Responsabilité professionnelle --- Physicians - Malpractice - Europe --- Medical personnel - Malpractice - Europe --- Medical care - Law and legislation - Europe --- Liability (Law) - Europe --- Allemagne --- Autriche --- Belgique --- République tchèque --- Royaume-Uni --- France --- Hongrie --- Italie --- Pays-Bas --- Pologne --- Espagne --- Suède --- Suisse
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How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
Medical law --- Economic law --- European Union --- Medical laws and legislation --- Medical care --- Law and legislation --- -Medical care --- -344.04094 --- Ui7 --- Delivery of health care --- Delivery of medical care --- Health care --- Health care delivery --- Health services --- Healthcare --- Medical and health care industry --- Medical services --- Personal health services --- Public health --- Law, Medical --- Medical personnel --- Medical registration and examination --- Medicine --- Physicians --- Surgeons --- Medical policy --- Medical jurisprudence --- -Legal status, laws, etc. --- Legal status, laws, etc. --- -Medical laws and legislation --- 344.04094 --- Law --- General and Others --- Medical laws and legislation - European Union countries --- Medical care - Law and legislation - European Union countries
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European law --- Medical care --- Public health laws --- Medical policy --- Law and legislation --- 34 --- 361.1 --- P4 --- EEC / European Union - EU -Europese Unie - Union Européenne - UE --- 334.151.50 --- 368.42 --- Volksgezondheid --- Gezondheidsrecht --- Gezondheidsbeleid --- Sociale zekerheid --- Geneesmiddelen --- recht - wetgeving --- gezondheidszorg - volksgezondheid - gezondheidsbeleid - gezondheidsvoorzieningen - gezondheidsbescherming --- Europa --- Sociaal beleid : algemeenheden. --- Ziekte- en invaliditeitsverzekering. Ziekenfondsen. --- Santé publique --- Droit sanitaire --- Politique de la santé --- Sécurité sociale --- Médicaments --- Communicable diseases --- Public health --- Medical laws and legislation --- Health care policy --- Health policy --- Medicine and state --- Policy, Medical --- Public health policy --- State and medicine --- Science and state --- Social policy --- Delivery of health care --- Delivery of medical care --- Health care --- Health care delivery --- Health services --- Healthcare --- Medical and health care industry --- Medical services --- Personal health services --- Sociaal beleid : algemeenheden --- Ziekte- en invaliditeitsverzekering. Ziekenfondsen --- Government policy --- Medical care - Law and legislation - European Union countries --- Public health laws - European Union countries --- Medical policy - European Union countries
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gezondheidszorg --- gezondheidsveiligheid --- recht (wetgeving, rechtspraak, rechtsbeginselen, juridische aspecten, aansprakelijkheid) --- ethiek (ethische aspecten) --- Groot-Brittannië --- soins de santé --- sécurité sanitaire --- droit (aspects juridiques, législation, jurisprudence, principes de droit, responsabilité) --- ethique (aspects ethiques) --- Grande Bretagne --- -Medical laws and legislation --- -Law, Medical --- Medical laws and legislation --- Medical care --- Law and legislation --- Medical personnel --- Medical registration and examination --- Medicine --- Physicians --- Surgeons --- Delivery of health care --- Delivery of medical care --- Health care --- Health care delivery --- Health services --- Healthcare --- Medical and health care industry --- Medical services --- Personal health services --- -Legal status, laws, etc. --- Legal status, laws, etc. --- Medical policy --- Medical jurisprudence --- Public health --- Medical laws and legislation - Great Britain. --- Medical care - Law and legislation - Great Britain. --- Droit médical --- -Law and legislation --- -Medical care --- -Law and legislation -
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The issues of patient mobility have been high on the EU's political agenda for the last two decades. However, the adoption of the Patient Mobility Directive, which had to be implemented by the Member States by 25 October 2013, added to the complexity of an already complex legislative system. Thus both, the new questions raised by the new piece of legislation and the old questions left without satisfactory answers call for new solutions. So particularly at a time, when the national application of the Directive is beginning to have an impact on border-crossing patients it is imperative to revisit patient mobility. However, in contrast to the existing literature, Free Movement of Patients in the EU tests the current legal landscape from the perspective of border-crossing patients. How, in a multi-player arena of patients, healthcare providers, healthcare funds, national governments, Union institutions, etc. with colliding ideologies can the legal situation be improved in a way that better serves patients' interests while respecting the responsibilities of the Member States in this field and with the legal tools currently available? This book is of interest to scholars and practising experts dealing with patient mobility or social security issues as well as stakeholders and decision-makers. Dr Gabriella Berki is an assistant professor at the University of Szeged and guest lecturer at the Sorbonne University (Paris, France) and the University of Rijeka (Croatia). She is also a member of two European expert networks funded by the European Commission, FMSSFE Statistics and FreSsco, both active in the fields of social security coordination and the free movement of workers.
Status of persons --- Medical law --- European Union --- Medical care --- Freedom of movement --- Delivery of health care --- Delivery of medical care --- Health care --- Health care delivery --- Health services --- Healthcare --- Medical and health care industry --- Medical services --- Personal health services --- Law and legislation --- Libre circulation des personnes --- Soins médicaux --- Droit européen et droit interne --- Droit des patients --- Droit à la santé --- Droit européen --- Droit --- Public health --- Droit européen et droit interne. --- Droit européen. --- Beroepscategorieën zonder apart sociaal statuut (niet-gerechtelijk, niet-medisch) : Grensarbeiders --- Medische toestand (personen) : Patiënten --- Catégories professionnelles sans statut particulier (non juridiques, non médicales) : Travailleurs frontaliers --- Situation médicale (personnes) : Patients --- Medical care - European Union countries --- Freedom of movement - European Union countries --- Medical care - Law and legislation - European Union countries --- Soins médicaux - Pays de l'Union européenne --- Libre circulation des personnes - Pays de l'Union européenne --- Soins médicaux - Droit - Pays de l'Union européenne --- Europe --- EU countries --- Euroland
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This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, implicitly taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an explicit legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues.
Public health laws --- Medical laws and legislation --- Medical care --- Medical policy --- Political planning --- Health care policy --- Health policy --- Medicine and state --- Policy, Medical --- Public health --- Public health policy --- State and medicine --- Science and state --- Social policy --- Delivery of health care --- Delivery of medical care --- Health care --- Health care delivery --- Health services --- Healthcare --- Medical and health care industry --- Medical services --- Personal health services --- Law, Medical --- Medical personnel --- Medical registration and examination --- Medicine --- Physicians --- Surgeons --- Medical jurisprudence --- Communicable diseases --- Law and legislation --- Government policy --- Legal status, laws, etc. --- European Union countries --- Economic integration. --- Economic integration --- Public health laws - European Union countries --- Medical laws and legislation - European Union countries --- Medical care - Law and legislation - European Union countries --- Medical policy - European Union countries --- Political planning - European Union countries --- European Union countries - Economic integration
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Human rights --- Medical care --- Civil rights --- Droits de l'homme --- Law and legislation --- Congresses --- Congrès --- Right to health care --- Health --- Human Rights --- legislation and jurisprudence --- Legislation, Medical. --- Human Rights. --- -Right to health care --- -#GBIB:CBMER --- 342.7 --- 061.3 --- Health care, Right to --- Health, Right to --- Medical care, Right to --- Right to medical care --- Social rights --- Delivery of health care --- Delivery of medical care --- Health care --- Health care delivery --- Health services --- Healthcare --- Medical and health care industry --- Medical services --- Personal health services --- Public health --- Equal Rights --- Equal Right --- Human Right --- Right, Equal --- Right, Human --- Rights, Equal --- Rights, Human --- Social Justice --- Human Rights Abuses --- Medical Legislation --- Medicine --- -Congresses --- Fundamentele rechten en vrijheden --- Congressen: verslagen --- legislation & jurisprudence --- Right to health --- Congrès --- Legislation, Medical --- #GBIB:CBMER --- Collective Human Rights --- Linguistic Rights --- Right to Housing and Shelter --- Rights of Indigenous Peoples --- Human Rights, Collective --- Indigenous Peoples Rights --- Rights, Collective Human --- Rights, Linguistic --- Right to health care - Congresses --- Medical care - Law and legislation - Congresses --- Health - legislation and jurisprudence - congresses --- Human Rights - congresses
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1. Les sources de la réglementation.- 2. Le cadre juridique de la relation entre le médecin et le patient.- 3. Les incidents juridiques de la relation entre le médecin et le patient.- 4. Aspects juridiques de certaines interventions du médecin.
Medical law --- Belgium --- Deontologie --- Droit médical --- Déontologie --- Medisch recht --- Medical laws and legislation --- Physician and patient --- Médecine --- Relations médecin-patient --- Law and legislation --- Droit --- Legislation, Medical --- Physician-Patient Relations --- Medical care --- 351.84*7 --- -Medical laws and legislation --- -Physician and patient --- -Gezondheidsrecht --- Relaties arts-patiënt --- 351.84*7 <493> --- 13.12 --- Doctor and patient --- Doctor-patient relationships --- Patient and doctor --- Patient and physician --- Patient-doctor relationships --- Patient-physician relationships --- Patients and doctors --- Patients and physicians --- Physician-patient relationships --- Physicians and patients --- Interpersonal relations --- Fear of doctors --- Narrative medicine --- Law, Medical --- Medical personnel --- Medical registration and examination --- Medicine --- Physicians --- Surgeons --- Medical policy --- Medical jurisprudence --- Delivery of health care --- Delivery of medical care --- Health care --- Health care delivery --- Health services --- Healthcare --- Medical and health care industry --- Medical services --- Personal health services --- Public health --- Medisch recht. Gezondheidsrecht. Wetgeving i.v.m. ziekenhuizen --- -Droit sanitaire --- Wettelijke en contractuele aansprakelijkheid ; Geneesheren ; Veeartsen ; Apothekers ; Tandartsen ; Paramedici --- Legal status, laws, etc. --- 351.84*7 Medisch recht. Gezondheidsrecht. Wetgeving i.v.m. ziekenhuizen --- Médecine --- Relations médecin-patient --- Gezondheidsrecht --- Droit sanitaire --- Legislation, Medical - Belgium --- Medical laws and legislation - Belgium --- Medical care - Law and legislation - Belgium --- Physician and patient - Belgium --- DROIT MEDICAL ET BIOETHIQUE --- RELATIONS MEDECIN / PATIENT --- MEDECINS --- INTERRUPTION VOLONTAIRE DE GROSSESSE (IVG) --- EUTHANASIE --- SANG --- PRELEVEMENT D'ORGANES --- EXPERIMENTATIONS MEDICALES --- RESPONSABILITE PENALE
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