Uncertain Causation in Medical Liability by Lara Khoury

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  • Title: Unsure Causation in Medical Legal responsibility
  • Author: Lara Khoury
  • Category: Different
  • Date: 02/01/10
  • Lenguage: English
  • Pages: unknown
  • ISBN: 9781847312730

 

Ebook description:

‘Proving’ the reason for the plaintiff’s damage in private damage litigation usually entails vital challenges, significantly when science can’t establish the reason for a organic phenomenon or when the character of this trigger is debatable. This drawback is ceaselessly encountered in medical malpractice circumstances, the place the constraints of scientific data are nonetheless in depth. But judges should resolve circumstances, nonetheless unsure the proof with regard to proof of causation. Reluctant to go away sufferers with out compensation, courts have in some circumstances challenged their conventional method to causation by recourse to such strategies as reliance on factual presumptions and inferences, the idea of lack of probability, and reversal of the burden of proof. This guide analyses and criticises using these numerous strategies by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties brought on by the uncertainties of medical science.

 

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