(Source: MPI for European Legal History)
The Max
Planck Institute for European Legal History has published volume 314 of its
Studien zur europäischen Rechtsgeschichte.
ABOUT THE
BOOK
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.
TABLE OF CONTENTS
Preface | IX
Introduction | 1
Chapter
1: Medical
Organisation, Regulation and Discipline in Germany: 1800–1945 | 11
Chapter
2: Medical Error
and the Criminal Law | 55
Chapter
3: Medical Error
and Contract Law | 81
Chapter
4: Medical Error
and the Law of Delict | 111
Chapter
5: Medical Error
and the BGB | 139
Conclusion | 221
List of
Abbreviations |
239
Bibliography | 241
Index of terms | 259
No comments:
Post a Comment