Law of Medical Negligence in England and Germany A Comparative Analysis

Author: Marc Stauch
Publisher: Hart Publishing
ISBN: 9781841136462
Published In: September 2008
Format: Hardback , 182 pages
Jurisdiction: Germany, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This new work adds to the theoretical understanding and discussion of possible solutions to various conceptual and practical problems that arise within the field of medical negligence - an area whose legal treatment is perceived, both in England and Germany, as containing a number of special difficulties and shortcomings. In addition it seeks to make a contribution to the developing field of comparative law, by employing a detailed and closely focused analytical approach in a tightly defined subject area. These twin aims serve to reveal the similarities and differences between two legal cultures in a particularly clear and striking way.

The book offers an analysis which is neutral as between the English and German approaches. The issues are dealt with thematically so far as possible, so that where a similar approach is taken in both countries to a given issue, e.g. the standard of care owed by medical practitioners, these will discussed side-by-side. By contrast, where there are significant differences in the respective treatments, e.g. the standard of risk disclosure, the English approach will be discussed first; then the German (in individual sections within the overall chapter). The book thus avoids the 'country-report' style, whereby the systems are presented largely separately from each other; instead, the book offers a close and detailed comparison and contrast, as between the two systems, of their respective legal rules.

It will be of interest to comparative lawyers, tort and medical lawyers, and practising lawyers working in these areas.

Marc Stauch, MA (Oxon), Solicitor, is a Lecturer/Researcher at the Centre for British Studies, Humboldt-Universitat zu Berlin.

This short but beautifully executed study skilfully weaves English and German materials into a clear and well-constructed analytical framework
Ken Oliphant
Yearbook of European Tort Law 2009