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Full-Text Articles in Torts
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson
Is It Time To Adopt A No-Fault Scheme To Compensate Injured Patients?, Elaine Gibson
Articles, Book Chapters, & Popular Press
The tort system is roundly indicted for its inadequacies in providing compensation in response to injury. More egregious is its response to injuries incurred due to negligence in the provision of healthcare services specifically. Despite numerous calls for reform, tort-based compensation has persisted as the norm to date. However, recent developments regarding physician malpractice lead to consideration of the possibility of a move to “no-fault” compensation for healthcare-related injuries. In this paper, I explore these developments, examine programs in various foreign jurisdictions which have adopted no-fault compensation for medical injury, and discuss the wisdom and feasibility of adopting an administratively-based …
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
Georgia Journal of International & Comparative Law
No abstract provided.
Changing Tides: The Introduction Of Punitive Damages Into The French Legal System, Matthew K.J. Parker
Changing Tides: The Introduction Of Punitive Damages Into The French Legal System, Matthew K.J. Parker
Georgia Journal of International & Comparative Law
No abstract provided.
A Paralyzed Environmental Law: Critical Comments On Compensation For Environmental Damage In Indonesia, Andri Gunawan Wibisana
A Paralyzed Environmental Law: Critical Comments On Compensation For Environmental Damage In Indonesia, Andri Gunawan Wibisana
Andri Gunawan Wibisana
This article criticizes compensation mechanisms for the victims of environmental disaster in Indonesia. In particular, it attempts to answer the questions of how compensation mechanism is addressed in Indonesian environmental law, how the victims of environmental disasters are compensated, and what lessons can be learned from the application of law in practice. This article begins with discussions about the current Indonesian compensation system for damage resulting from pollution, focusing on the provisions in environmental management acts. In order to explain how these provisions have been applied in practice, this article discusses two major environmental disasters in Indonesia, i.e. the Mandalawangi …
Medical Malpractice And Compensation In South Africa, L. C. Coetzee, Pieter Carstens
Medical Malpractice And Compensation In South Africa, L. C. Coetzee, Pieter Carstens
Chicago-Kent Law Review
This article gives an overview of current medical malpractice law in South Africa. The following aspects are covered: The overall scheme for preventing and redressing medical errors and adverse events, including regulation, criminal and civil liability, and social and private insurance, and the relationships among these various systems; the details of the applicable liability and compensation systems, including criteria defining qualification for compensation, causation and "loss of chance," liability for failure to obtain informed consent, as well as matters of proof and gathering of evidence. The authors note the difficulty they had in obtaining empirical data on medical errors and …
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Soviet Tort Law: The New Principles Annotated, Whitmore Gray
Articles
In 1961, the federal legislature, the USSR Supreme Soviet, finally adopted a skeleton code of fundamental principles of civil law.10 This recodification, which incorporates 40 years of case law and doctrinal development as well as some major innovations, will be the basis for individual civil codes to be adopted in each of the 15 union republics. While there may be some slight modifications, and certainly some variety in the degree of additional detail included in the individual codes by each republic,11 these Principles present already a fairly comprehensive picture of the shape of the future law. They are about as …