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Liability for medical malpractice is of growing importance in the field of tort law. The ""medical malpractice explosion"" does not seem to have come to an end yet. This study provides an overview of the legal situations, the applicable texts and the case law in nine European countries. The authors are renowned tort law experts from each country. A comparative analysis highlights the tendencies which can be found and their economic effects. The structure is based on the study of six concrete cases which are discussed in the context of the different legal systems. This method shows which legal concepts lead to specific results and allows to easily compare the results. The study addresses questions of hospital organization, patients' consent, duties of information, faulty diagnosis, faulty treatment, the necessary standard of care, the relevance of financial limits, medical documentation, and the burden of proof. The reader finds extensive and precise information about the state of medical malpractice law in Europe.

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9783211835951

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The European Centre of Tort and Insurance Law (ECTIL), an independent association based in Vienna, is a research institute undertaking comparative studies in the field of national, international and common European tort and insurance law. ECTIL is also the institutional basis for the European Group on Tort Law, whose core project is the drafting of Principles of European Tort Law. ECTIL has entered into a close cooperation with the Research Unit for European Tort Law (ETL) of the Austrian Academy of Sciences. Focusing on European jurisdictions, ETL conducts comparative legal research in the field of tort law. With its research, ETL aims to enhance and promote the harmonization and further development of tort law in Europe. ETL is also actively involved in the drafting of the Principles of European Tort Law.

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