Uncertain Causation in Medical Liability

Uncertain Causation in Medical Liability

EnglishEbook
Lara Khoury
Bloomsbury Publishing
EAN: 9781847312730
Available online
CZK 2,944
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Detailed information

'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.
EAN 9781847312730
ISBN 184731273X
Binding Ebook
Publisher Bloomsbury Publishing
Publication date July 18, 2006
Pages 256
Language English
Country United Kingdom
Authors Lara Khoury
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