The development of medical liability in Germany, 1800-1945

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Full Title:: The development of medical liability in Germany, 1800-1945 / Colm Peter McGrath
Series Titles:: Studien zur europäischen Rechtsgeschichte, Band 314
Studien zur europäischen Rechtsgeschichte ; Bd. 314.

Subjects:: Physicians--Malpractice--Germany
Liability (Law)--Germany
Medical care--Law and legislation--Germany
Malpractice--history
Liability, Legal--history
Physicians
Delivery of Health Care--legislation & jurisprudence
History, 19th Century
History, 20th Century
Medical care
Germany
Germany--History--1789-1900
Germany--History--20th century

Table of Contents:: Introduction -- 1. Medical organisation, regulation and discipline in Germany: 1800-1945 -- 2. Medical error and the criminal law -- 3. Medical error and contract law -- 4. Medical error and the law of delict -- 5. Medical error and the BGB -- Conclusion.
Summary:: 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.
Language:: English
Physical Type/Description:: x, 262 pages ; 24 cm
General Note:: Revised edition of a dissertation.
Local Note:: GOBI Library Solutions from EBSCO