The Law of Medical Negligence in England and Germany: A Comparative Analysis - Hardcover

Marc Stauch

Hardcover

ISBN 10: 1841136468 ISBN 13: 9781841136462

Publisher: Hart Publishing, 2008

Synopsis

This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way. The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that the respective treatments in each country of a given matter, eg the standard of care owed by medical practitioners, are discussed side-by-side. The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other. What is of particular interest is how, notwithstanding their common starting point in terms of the application of the fault-principle under private law, the detailed rules in the two countries differ markedly. This is true both in the divergent way that claims are structured and argued, and also quite often as regards their substantive outcome. It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.

About this title

Review:

This short but beautifully executed study skilfully weaves English and German materials into a clear and well-constructed analytical framework Ken Oliphant Yearbook of European Tort Law 2009

Synopsis:

This book presents a unique comparative analysis of English and German legal systems of medical negligence. It offers a timely and topical subject. It will be of interest to comparative lawyers, tort and medical lawyers and practising lawyers working in these areas.This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way.The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that where a similar approach is taken in both countries to a given issue, e.g. the standard of care owed by medical practitioners, these will discussed side-by-side.

By contrast, where there are significant differences in the respective treatments, e.g. the standard of risk disclosure, the English approach will be discussed first; then the German (in individual sections within the overall chapter). The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other; instead, the book offers a close and detailed comparison and contrast, as between the two systems, of their respective legal rules.

About this edition

• Publisher: Hart Publishing
• Publication date: 2008
• ISBN 10: 1841136468
• ISBN 13: 9781841136462
• Binding: Hardcover
• Edition number: 1
• Number of pages: 182