Showing 71 - 80 of 2,558
There have long been claims that compensations for noneconomic damages are random because tort law does not provide clear guidance regarding these compensations. I investigate, in both settled and tried medical malpractice cases, whether noneconomic damage payments are arbitrary and what...
Persistent link: https://www.econbiz.de/10008765896
I have made the presentation of the present legislative framework regarding the medical malpractice, starting from the first enactment of the Law regarding the reform within the healthcare in 2006 with further amendments and addenda (the latest amendment was adopted in 2010). It has herein...
Persistent link: https://www.econbiz.de/10008773525
The U.S. medical malpractice liability system has two principal objectives: to compensate patients who are injured through the negligence of healthcare providers and to deter providers from practicing negligently. In practice, however, the system is slow and costly to administer. It both fails...
Persistent link: https://www.econbiz.de/10009246668
The paper explores a monopolist's safety and output choices when there are potentially large-scale claims that can lead to firm insolvency. Analysis of a monopolized market yields different conclusions than models of rule choice where perfect competition or simple cost-minimization are assumed....
Persistent link: https://www.econbiz.de/10009275903
Today’s unstable and unpredictable world, from a financial and a legal point of view, creates a new requirement, the performance. In this context, the company’s legal performance refers to its ability of develop legal resources and to connect it to other resources to reach its goals,...
Persistent link: https://www.econbiz.de/10010795041
A basic principle of law is that damages paid by a liable party should equal the harm caused by that party. However, this principle is not correct when account is taken of litigation costs, because they too are part of the social costs associated with an injury. In this article we examine the...
Persistent link: https://www.econbiz.de/10010796617
In a complex economy, production is vertical and crosses jurisdictional lines. Goods are often produced by an upstream national or global firm and improved or distributed by local firms downstream. In this context, heightened products liability may have unintended consequences on product sales...
Persistent link: https://www.econbiz.de/10010796666
Storm-related service outages in electricity and telecommunications have created public controversies regarding the adequacy of ex ante efforts to prevent outages and ex post efforts to restore power. Product liability rules, used to promote quality of service throughout the economy, might seem...
Persistent link: https://www.econbiz.de/10010693403
The state liability in the Greek legal order is objective. That means that it does not depend on the fault of the state organ. Nevertheless, in the field of medical fault, in order to seek compensation, you have to prove that the doctor has acted improperly, that he has violated the standards of...
Persistent link: https://www.econbiz.de/10010696592
This paper deals with the way in which various legal instruments provide compensation to victims of catastrophes in Europe. The traditional law and economics of insurance literature with respect to government relief and insurance solutions towards financial compensation is used to analyse...
Persistent link: https://www.econbiz.de/10010698913