The state of affairs around clinical negligence in well developed economies

regulations-medicineState regulation of medical practice was outlined in Rome. The provisions of the Roman law, the boundary between the reckless and deliberate actions of doctors gradually began to be reflected in the criminal laws of the countries of Western Europe. In the Middle Ages period, the Catholic Church has detained the development of medicine and law, the liability for the failure of healing solved, first of all, from the standpoint of violation of theological dogmas. Institute of mistakes over the years is deeply studied by experts in the field of criminal law. Standards of error contained in the criminal law of certain foreign countries, such as Argentina, Spain, Poland, the USA, France and etc.

Differentiation of intent and error are gradually reflected in the laws of all European countries, although the question of their liability was solved differently. In Germany and Austria the responsibility of the doctor for his professional shortcomings is viewed from the perspective of the private relationship between the doctor and the patient. Criminal liability for the mistakes of doctors is almost completely absent, but they face many civil lawsuits. Establishing a causal link between the fault of the doctor and the harm is the plaintiff’s prerogative. If the patient is, to some degree, is capable of finding guilt of unsatisfactory outcome of treatment, the physician’s responsibility is excluded. Current legislation of foreign countries (Austria, Germany, France) punishes only gross medical error because the relationship between doctor and patient is now recognised as private. Foreign legislation contains special provisions on the criminal liability ‘for improper medical treatment and clumsily, awkwardly carried out operation’ (you may want to get more info paragraphs as 856, 857 of the Criminal Code of Austria).

According to Art. 122-3 of the Criminal Code of France criminal liability is not initiated against the person submitting the evidence that the error made could have been avoided or shouldn’t have been manifested, the doctor was conducting his work in accordance with good practices and hence he is not responsible for the error.

legal-researchIn the UK, clinical negligence area is, perhaps, the most complicated against the background of European countries; this way or the other, either administrative or criminal prosecution can be initiated in such cases. The complexity and a higher demand in services result to an increase of the legal niche: according to Solicitors Guru, a large UK legal aggregator where you can find a solicitor, the number of medical negligence solicitors has risen by 12% in comparison with 2013.

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Clinical negligence around the globe: the legal perspective

medical crimesAccording to the United States Model Penal Code, medical personnel commits two forms of crime – inadvertently (recklessly), carelessly (negligently). Thus, the American commentary on the Criminal Code and the Manual on criminal law define criminal negligence as a situation of ignoring the substantial and undue risk, which the subject did not know, but should have known and taken into account. These same sources interpret criminal negligence (recklessness) as a situation of ignoring the substantial and undue risk, a subject was aware of, but consciously ignored them and continued risky behavior. It is easy to conclude that the domestic legal literature describes this form of guilt as ‘criminal irresponsibility’. (more…)

Claims and originating proceedings trends in London

uk legal servicesWhen looking through the archives posted at official UK government website, we have found out plenty of interesting correlations and statistics as for claims and originated proceedings issued in London by nature of proceedings. The statistics we have excavated touch the period starting from the year 2006 to the year 2012. So let us point the trends and tendencies findings we have managed to dig out.

As for the nature of proceedings around land and property industry, the obvious growth trend in the number of proceedings is observed. For example, contract of sale and purchase have jumped from 10 cases in 2006 up to 86 cases in 2012. Both landlord and tenant and mortgages and charges proceedings have experienced a rapid growth in the aforementioned period. The records went up from 3 and 1 cases in 2006, up to 63 and 56 cases in 2012 accordingly. Another interesting fact is that it seems that the nature of proceedings gets more uniform in land and property area: the amount of proceedings classified as ‘other’ have been cut down from 1000+ cases to 190 cases in 2012. (more…)