Cases on medical malpractice in a comparative perspective

M.G. Faure, H. Koziol

Research output: Book/ReportBookAcademic


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.

Table of contents
Cases and background
Country reports
Comparative analysis

Original languageEnglish
Place of PublicationWenen
Number of pages331
ISBN (Print)3-211-83595-4
Publication statusPublished - 1 Jan 2001

Publication series

SeriesTort and Insurance Law

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