Category Archives: Personal Injuries
Jennifer Arlen, ‘Economic Analysis of Medical Malpractice Liability and Its Reform’
Abstract: This Chapter provides an economic analysis of medical error employing a model in which physicians who provide suboptimal medical care may have done so knowingly (as in the traditional model) or accidentally. Accidental medical error is a leading cause of medical negligence: many if not most physicians who provided suboptimal care did not know [...]
Vadim Mantrov, ‘A Victim of a Road Traffic Accident Not Fastened by the Seat Belt and the EU Motor Insurance Law: CJEU Judgment in Vítor Hugo Marques Almeida‘
Abstract: This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the [...]
Nora Engstrom, ‘Bridging the Gap in the Justice Gap literature’
“Joanna Shepherd, Justice in Crisis: Victim Access to the American Medical Liability System, Emory Legal Studies Research Paper 12-222 (2012) available at SSRN. When we think about access to justice, we don’t tend to think about personal injury victims. Indeed, I recently completed a review of legal needs surveys from seventeen states, conducted between 2007 [...]
Claire McIvor, ‘Debunking Some Judicial Myths about Epidemiology and its Relevance to UK Tort Law’
Abstract: Due to the limitations of current medical knowledge, claimants in complicated disease litigation often experience difficulties in proving causation. This paper aims to demonstrate that in some instances these difficulties could be overcome through greater use of epidemiological evidence. To encourage greater use of such evidence, it is first of all necessary to address [...]
Jennifer Arlen, ‘Reality Check: How Malpractice Facts Changed Malpractice Liability Theory’
Abstract: Empirical legal studies has transformed economic analysis of malpractice liability. Until recently, economic analysis of malpractice liability has been based on the traditional model of accidents. This model supports the conclusion that malpractice liability may not be needed if health insurers, not physicians, bear treatment costs. Moreover, this analysis implies that even when liability [...]
Sarah Lynnda Swan, ‘Triangulating Rape’
Abstract: Civil actions for rape and sexual assault have recently been undergoing significant changes in both quantity and quality. Quantitatively, the number of these kinds of cases has increased dramatically since the 1970s. Qualitatively, the litigation has shifted from a woman versus man paradigm to a triangulated tort claim involving a female plaintiff, a male [...]
Moore on Intent and Battery
“Nancy Moore, ‘Intent and Consent in the Tort of Battery: Confusion and Controversy’, 61 Am. U. L. Rev. 1585 (2012). Nancy Moore’s Intent and Consent in the Tort of Battery: Confusion and Controversy is something every Torts professor should read. This is not only because it is interesting and well written and engages with canonical [...]
Fernanda Nicola, ‘Intimate Liability: Emotional Harm, Family Law, and Stereotyped Narratives of Interspousal Torts’
Abstract: “… by endorsing a family/market distinction in private law, scholars have pushed intimate liability claims between spouses away from tort law and into family law. As a result, compensation for emotional harm is mostly actionable in tort when it occurs in the realm of the market rather than in the realm of the family. [...]
Max Helveston, ‘Preemption Without Borders: The Modern Conflation of Tort and Contract Liabilities’
Abstract: Medical device jurisprudence has taken a turn for the worse recently, turning a deaf ear to patients who have been injured or killed by devices and covertly expanding the boundaries of federal preemption in ways that threaten fundamental contractual principles. Ever since the Court’s holding in Riegel v. Medtronic, district and appellate courts have [...]
The Public Life of Private Law – Recordings from Seminar 2 Are Online
“Audio recordings from our second seminar, held at the University of Warwick on March 22 are now available online, courtesy of Backdoor Broadcasting. Andrew Williams – ‘Personal Injury Claims in the context of Systemic Human Rights Violations: the case of Britain in Iraq’. Catherine Gilfedder – ‘Private Law Litigation: Reprieve’s Practice’. Nikki Godden – ‘Tort [...]
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