Category Archives: Personal Injuries

Liu and Hyman, ‘Targeting Bad Doctors: Lessons from Indiana, 1975-2015’

ABSTRACT For physicians, quality of care is regulated through the medical malpractice and professional licensing/disciplinary systems. The medical malpractice (med mal) system acts through ex post private litigation; the licensing system acts through ex ante permission to practice (ie, licensure), coupled with ex post disciplinary action against physicians who engage in ‘bad’ behavior. How often […]

Michaela Merryfield, ‘(You’re) Having My Baby: Surrogacy Fees as a Cost of Future Care Award in Canadian Tort Law’

ABSTRACT In April 2017, the BC Supreme Court released its decision in Wilhelmson v Dumma. After a horrific motor vehicle collision in which she was critically injured, the plaintiff was left unable to bear children. Justice Sharma, in a precedent-setting decision, awarded the plaintiff $100,000 for future surrogacy fees under the head of cost of […]

Bielen, Grajzl and Marneffe, ‘The resolution process and the timing of settlement of medical malpractice claims’

ABSTRACT We draw on uniquely detailed micro-level data from a Belgian professional medical liability insurer to examine how different procedural and legal events that take place during the unfolding of a medical malpractice claim influence the timing of its settlement. Utilizing the competing risks regression framework, we find that settlement hazard is all else equal […]

Laura Maria Franciosi, ‘The New Italian Regime for Healthcare Liability and the Role of Clinical Practice Guidelines: A Dialogue Among Legal Formants’

INTRODUCTION … This contribution will specifically focus on the new regime of the healthcare provider’s liability and on the key role played by CPGs. In particular, section II will briefly explain the previous legal regime and the relevant judicial orientation based on settled case law; section III will address the main features of the 2017 […]

Jill Wieber Lens, ‘Children, Wrongful Death, and Punitive Damages’

ABSTRACT Starting in the mid-nineteenth century, state legislatures created wrongful death claims, including claims for bereaved parents against the tortfeasor who killed their child. Legislatures limited recoverable damages to pecuniary damages, meaning parents could recover the lost economic contributions they expected to receive from their child during his minority, minus the costs of raising the […]

Jesse Wall, ‘No-Fault Compensation and Unlocking Tort Law’s: “Reciprocal Normative Embrace”’

ABSTRACT The purpose of this article is to explain how the principle of corrective justice has been displaced by the provision of no-fault compensation for personal injuries. In explaining the transition from tort liability for personal injuries to no-fault compensation, the aim is to identify the norms that are adhered to, and the norms that […]

Harris and Peeples, ‘Medical Malpractice Litigation in North Carolina: What Claims Get Paid, and for How Much?’

ABSTRACT Medical malpractice litigation lends itself to empirical research. This article draws on a unique dataset consisting of all the filed cases closed by a major medical malpractice insurer over a two-year period. Using this data, this article addresses two questions. First, what factors drive indemnity payments made in settlement of claims? Second, what factors […]

‘The Myths and Reality of Tort Reform’

Charles Silver, David A Hyman, and Bernard Black, Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and After HB 4, Texas Tech Law Review (forthcoming), available at SSRN. It is difficult to convene a discussion of cost containment in health care without someone calling for tort reform. In […]

‘A Primer on Opioid-Epidemic Litigation’

Abbe R Gluck, Ashley Hall, and Gregory Curfman, Civil Litigation and the Opioid Epidemic: The Role of Courts in a National Health Crisis, 46(2) Journal of Law, Medicine and Ethics 351–366 (2018), available on SSRN. Susan Sontag documented how illness becomes metaphor, wrapped in ‘punitive or sentimental fantasies’. The bubonic plague is no longer a […]

Gregory Shill, ‘Should Law Subsidize Driving?’

ABSTRACT A century ago, captains of industry and their allies in government launched a social experiment in urban America: the abandonment of mass transit in favor of a new personal technology, the private automobile. Decades of public and private investment in this shift have created a car-centric landscape with Dickensian consequences. In the United States, […]