Category Archives: Personal Injuries

‘Setting the Personal Injury Discount Rate’

“The Damages Act 1996, as amended by the Civil Liability Act 2018, requires the Lord Chancellor to consult the Government Actuary when reviewing the Personal Injury Discount Rate for the first time after the amendments made to the 1996 Act came into force …” (more) [Government Actuary’s Department, 22 January]

Eri Osaka, ‘Current Status and Challenges in the Fukushima Nuclear Disaster Compensation Scheme: An Example of Institutional Failure?’

ABSTRACT The Fukushima Nuclear Disaster brought widespread and long-term damage. Soon after the accident, the government hastily set up the Fukushima nuclear disaster compensation scheme under the existing law to deal with a large number of compensation claims by the victims. It published the compensation guidelines and established the nuclear damage alternative dispute resolution (ADR) […]

Zabinski and Black, ‘The Deterrent Effect of Tort Law: Evidence from Medical Malpractice Reform’

ABSTRACT We examine whether caps on non-economic damages in medical malpractice cases affect in-hospital patient safety. We use Patient Safety Indicators (PSIs) – measures of adverse events – as proxies for safety. In difference-in-differences (DiD) analyses of five states that adopt caps during 2003-2005, we find that patient safety gradually worsens after cap adoption, relative […]

Eric Talley, ‘Automatorts: How Should Accident Law Adapt to Autonomous Vehicles? Lessons from Law and Economics’

ABSTRACT The introduction of autonomous vehicles (AVs) onto the nation’s motorways raises important questions about our legal system’s adaptability to novel risks and incentive problems presented by such technology. A significant part of the challenge comes in understanding how to navigate the transition period, as AVs interact routinely with conventional human actors. This paper extends […]

Reiss and Diamond, ‘Measles and Misrepresentation in Minnesota: Can there be Liability for Anti Vaccine Misinformation that Causes Bodily Harm?’

ABSTRACT Balancing protecting and compensating victims of harmful fake news and protecting freedom of speech and the information flow is both important and challenging. Vaccines are one area where misinformation can directly cause harm. When misrepresentation leads people to refuse vaccines, disease outbreaks can happen, causing harms, even deaths, and imposing costs on the community. […]

Madeline Roe, ‘Who’s Driving That Car?: An Analysis of Regulatory and Potential Liability Frameworks for Driverless Cars’

ABSTRACT Driverless, or autonomous, cars are being tested on public roadways across the United States. For example, California implemented a new regulation in 2018 that allows manufacturers to test driverless cars without a person inside the vehicle, so long as the manufacturers adhere to numerous requirements. The emergence of these vehicles raises questions about accident […]

‘Money can’t redeem life, but don’t think it doesn’t help tort survivors’

“When my 1L Torts class studies wrongful death, I take the occasion to challenge the notion that money, based on quantified loss, is necessarily the best way to effect a liability award (cf Prof. Andrew McClurg’s gut-wrenching and classic Dead Sorrow). Matthew R Stevens, ’21, posted the following on the class discussion board, and I […]

Marc Ginsberg, ‘Informed Consent: No Longer Just What the Doctor Ordered? Revisited’

ABSTRACT The law of informed consent in medicine has evolved from the original doctrine which required the physician’s disclosure of the risks, benefits, and complications of (and alternatives to) a proposed procedure or treatment. The doctrine now implicates the disclosure of matters personal to the physician. Questions regarding the breadth of the doctrine in other […]

‘Civil Liability Act 2018 receives Royal Assent’

“The news that the Civil Liability Act 2018 received Royal Assent on 20th December 2018 may have passed many by due to the Christmas Holiday period. Now that it is an Act of Parliament it is perhaps sensible to look more carefully at the terms of the Act to assess what areas may give rise […]

Moghtaderi, Farmer and Black, ‘Damage Caps and Defensive Medicine: Reexamination with Patient‐Level Data’

ABSTRACT Physicians often claim that they practice ‘defensive medicine’, including ordering extra imaging and laboratory tests, due to fear of malpractice liability. Caps on noneconomic damages are the principal proposed remedy. Do these caps in fact reduce testing, overall health‐care spending, or both? We study the effects of ‘third‐wave’ damage caps, adopted in the 2000s, […]