This Article seeks to explore previously unexamined differences between the negligence and strict liability rules and thereby examine whether medical liability reform is required. The main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons related to the lega...

In the U.S. physicians and other medical providers are subject to a negligence rule of liability. Under a negligence rule a patient who is injured as a result of medical care is entitled to compensation only if he or she can show that the injury was caused by the physician's failure to take due care. Given a finding of liability, compensation is determined by a civil jury. In recent years the f...

INTRODUCTION Informed consent [IC] is a recognized socio-legal obligation for the medical profession. The doctrine of IC involves the law, which aims to ensure the lawfulness of health assistance and tends to reflect the concept of autonomy of the person requiring and requesting medical and/or surgical treatment. Recent changes in the health care delivery system and the complex sociological set...

The term "Medical Negligence" is an issue of grave human rights apprehension that directly affects the "right to life and right health care" which also concern for all parties involved in medical care facilities. Most State-sponsored have passed Acts established courts fortify laws. Though there are no precise inclusive laws stop "medical negligence" Bangladesh, various legal mechanisms still p...

OBJECTIVE To describe the daily work practice under the threat of defensive medicine among obstetricians and gynecologists. STUDY DESIGN A prospective cross-sectional survey of obstetricians and gynecologists working at tertiary medical centers in Israel. RESULTS Among the 117 obstetricians and gynecologists who participated in the survey, representing 10% of the obstetricians and gynecolog...