This volume examines the development of medical liability in Germany from 1800 to 1945, focusing on the conceptualization and application of the fault requirement in civil law regarding errors in patient diagnosis and treatment. It explores how legal developments were intertwined with changes in medicine, medical practitioners, and healthcare during this period, revealing a complex interaction between legal and medical narratives concerning fault. The study highlights the influence of broader social contexts on law and lawyers, demonstrating a gradual shift towards the independence of courts from established medical narratives, particularly in light of technological advancements. It underscores the evolving relationship between legal frameworks and medical practices, illustrating how the law responded to and shaped the understanding of medical liability. McGrath's analysis provides insights into the historical context of medical liability, emphasizing the dynamic interplay between legal principles and the realities of medical practice, ultimately showcasing the transformation of legal standards in response to changing medical landscapes.
Colm Peter McGrath Book order

- 2019