Medical liability: Comparing “civil law” and “common law”

Abstract

This chapter analyzes the different approach of civil law and common law systems concerning medical liability, considering the different historic roots and court procedures. It mentions the requisites of liability for medical malpractice and informed consent and portrays the competent courts and practices. In a very broad sense, in order to get compensated, patients around the world have to prove a breach of the standard of care, causation, and damages. Concerning informed consent, the problem of undisclosed risks and liability gives rise to important differences that are briefly analyzed.