This paper explains the role of Bayes Theorem and Bayesian networks arising in a medical negligence case brought by a patient who suffered a stroke as a result of an invasive diagnostic test. The claim of negligence was based on the premise that an alternative (non-invasive) test should have been used because it carried a lower risk. The case raises a number of general and widely applicable con...

This study intended to review the precedents on plastic surgery medical malpractice lawsuits in lower-court trials, classify the reasons of 'limitation of liability' by type, and suggest a standard in the acknowledgement of limitation of liability ratio. The 30 lower-court's rulings on the cases bearing the medical negligence of the defendants acknowledged the liability ratio of the defendants ...

In his recent article, “Liability Rules When Injurers as Well as Victims Suffer Losses,“’ Avon Leong examines the question whether the standard liability rules-pure negligence, negligence with contributory negligence, pure strict liability and strict liability with contributory negligence-can be used to induce efficient care-taking by individuals in those circumstances where both injurers’ and ...

AbstractThe purpose of writing this article is to find out about the responsibility for negligence in administering COVID-19 vaccine that caused and/or died. There are many disease issues arise as a result vaccine, although government has guaranteed and responsible presence congenital diseases by it cannot be denied consequences suffered recipient can also doctor vaccinator. Besides that, not o...

As stakeholders struggle to reconcile calls for accountability and pressures for increased patient safety, criminal prosecution of surgeons and other health-care workers for medical error seems to be on the rise. This paper examines whether legal systems can meaningfully draw a line between acceptable performance and negligence. By questioning essentialist assumptions behind 'crime' or 'neglige...

in iranian law, the claims of medical civil responsibility (medical negligence) can be resolved on the basis of traditional rules of civil responsibility (tort), and there is no special law in this regard. through the legal systems of the would (specially french law) medical civil responsibility system has been changed a lot. these changes have been for the compensation of the victims of medica...

An essential component of an action in negligence against a doctor is proof that the doctor failed to provide the required standard of care under the circumstances. Traditionally the standard of care in law has been determined according to the Bolam test. This is based on the principle that a doctor does not breach the legal standard of care, and is therefore not negligent, if the practice is s...