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Medical Malpractice Liability in China (Mainland)
The Tort Law of China, in 2009, reaffirmed that medical malpractice liability is a sort of fault-based tort liability. This law adopted an objective...
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Human Rights in the Context of Post-Conviction Preventive Detention in Poland
The chapter presents the legal bases of post-conviction detention in Poland so the Act of 22 November 2013 on dealing with persons with mental...
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Negligence in Russia: Expert Legal Analysis of Adverse Outcomes of Medical Care
This chapter provides an historical analysis of the evolution, in the past 30 years, of the issue of medical professionals’ and organizations’...
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Lithuania
A structured legal framework and defined ethical review for biomedical research are settled in Lithuania. Data subject rights and informed consent...
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Duties and Rights of Health Professionals During a Pandemic
The chapter on the rights and duties of health professionals during a pandemic focuses on doctors, nurses and other health professionals describes...
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Medical Liability in South Korea
The main statutes that govern medical practice in South Korea (hereinafter “Korea”) are the Medical Service Act, the Emergency Medical Service Act,...
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Ownership of Human Biological Material
There is a legal uncertainty linked to the validity and sustainability of the transfer of the property in a sample from a donor to a biobank and the...
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Tort Law and Contractualism
How can tort law be justified? There are well-known difficulties with the three traditional theories of tort law dominating the literature (namely,...
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Review of Alec D. Walen The Mechanics of Claims and Permissible Killing in War (Oxford: Oxford University Press, 2019)
This paper reviews Alec D. Walen’s The Mechanics of Claims and Permissible Killing in War .
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Redefining a Normative Framework for Meritocracy in the Era of Generative AI: An Inter-Disciplinary Perspective
Meritocracy is the hallmark of our modern day societies. It is widely believed, and also empirically established, that meritocratic systems outshine...
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The Stark Law
The Stark Law broadly prohibits a physician from referring certain designated health services (“DHS”) to any entity with which the physician has a...
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Medical Liability in Indonesia: Overview and Regulatory Trends
This book chapter examines how medical liability is regulated in the Indonesian legal civil system and the regulatory trends of medical liability in...
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Artificial Intelligence and Liability: The Strategy of the European Union
In the presence of autonomous decision-making robots, following self-learning process, question arises whether liability gap can be filled by...
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Medical Liability in Qatar
Qatar’s healthcare system is develo** substantially. World-class facilities are opening at a rapid pace in a country which boasts a comprehensive...
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Slovenia
This country report focuses on some relevant questions about the current state of regulations on human tissues for research purposes and deals with...
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Legal Regulation in the Overlap** Field at the Stage of Performance of Contract
The contract performance stage refers to the stage from the effective establishment of the contract to the extermination of the contract in the...
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“We are together, but each of us separately.” Friendship as a close legal relationship
Friendship is undoubtedly perceived by individuals as a close relationship—based on a special bond and commitment. However, it is a relationship that...
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Book Seven Tort Liability
A civil juristic act shall not be engaged in through an agent if the act must be engaged in by the principal personally per law, as agreed by the...
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The Role of Artificial Intelligence in Healthcare and Medical Negligence
AI has developed from a basic set of "if, then rules" to more sophisticated algorithms that function similar to the human brain. Applications of AI...
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Understanding the Risks of Artificial Intelligence as a Precondition for Sound Liability Regulation
Not all AI risks are new. Risk of traffic accidents that self-driving cars generate is already reality in today’s traffic. Physical injuries a...