Category Archives: Personal Injuries

Arvind and McMahon, ‘Responsiveness and the Role of Rights in Medical Law: Lessons From Montgomery

ABSTRACT Over time, medical law has moved away from paternalism in favour of an approach grounded in patients’ rights. Using Montgomery v Lanarkshire Health Board (2015) as a case study, we offer a deeper analysis of this emerging approach. We argue that patients’ rights should be evaluated in terms of their contribution to making medical […]

‘First Coronavirus Lawsuit’

“The first negligence lawsuit arising from the Covid-19 pandemic has already been filed. On March 9, 2020, a couple sued Princess Cruises for their experience onboard the Grand Princess Cruise ship. An outbreak of Covid-19 on the Grand Princess resulted in 28 or more cases of the virus. There are going to be a ton […]

Scollay, Berecki-Gisolf, Batagol and Grant, ‘Claimant Lawyer Use in Road Traffic Injury Compensation Claims’

ABSTRACT In injury compensation schemes, claimants engage lawyers to navigate the claiming process, access benefits, and resolve disputes. As a result, lawyers can play a central role in facilitating claimant access to entitlements, and shaping claimant experiences and outcomes. This article presents findings from the largest empirical investigation of lawyer use in a single compensation […]

Vincent Johnson, ‘The Importance of Doctor Liability in Medical Malpractice Law: China Versus the United States’

ABSTRACT Medical malpractice law in China does not work. Disappointed patients and their families, or the gangs they hire, frequently resort to physical violence, beating up doctors and disrupting hospital activities in order to extort settlements. This happens because Chinese law has failed to provide viable remedies to many victims of medical malpractice. This dysfunctional […]

Mello, Frakes, Blumenkranz and Studdert, ‘Malpractice Liability and Health Care Quality – A Review’

KEY POINTS Question: Is greater risk of malpractice liability associated with better quality of care? Findings: In this systematic review of 37 studies of obstetrical care outcomes, patient mortality, hospital readmissions, avoidable hospitalizations, and other measures, statistically significant associations between liability risk and quality-related outcome measures were rarely observed. Most studies focused on inpatient care. […]

David Simon, ‘Trademark Law and Consumer Safety’

ABSTRACT Trademark law protects consumers and mark owners against economic harm. When consumers are confused about the source of a good or service, this increases consumer search costs or imposes reputational costs on trademark owners. But what happens when a pharmacist, confused by two similar drug names, accidentally prescribes estrogen instead of an antidepressant? Trademark […]

Vansweevelt, Lierman and Buelens, ‘No-fault Law on Medical Accidents in Belgium: An Evaluation after Six Years’

ABSTRACT After many years of criticism of the medical malpractice system based on negligence, Belgium introduced a law on medical accidents in March 2010. This law created a Medical Accidents Fund. Under this two-track system the victim of a medical accident has the choice to file a claim before the court or to seek compensation […]

Michael Duff, ‘Post-Traumatic Stress Disorder (PTSD) Coverage and other Expanding Benefit Changes in the Workers’ Compensation Insurance Marketplace: Academic Legal Perspective’

ABSTRACT This paper discusses the increased use of causation presumptions in workers’ compensation cases involving firefighters and other first responders. It also considers increasing workers’ compensation coverage of post traumatic stress disorder with respect to those same categories of workers. The paper discusses how workers’ compensation coverage of certain conditions tends to parallel the growth […]

Pieter Gillaerts, ‘Instrumentalisation of Tort Law: Widespread yet Fundamentally Limited’

ABSTRACT The question on the role of the law, particularly tort law, in combating legal but potentially lethal products and services is inseparable from the broader issue of the ongoing instrumentalisation of the law. Increasingly used to pursue goals other than its primary aim of compensation, tort law is no exception to the general trend […]

Samoy, Borucki and Keirse, ‘The Role of Belgian and Dutch Tort Law in the Legal Battle Against Damage as a Result of Smoking Behaviour’

ABSTRACT Can tort law play a significant role in the Dutch and Belgian legal systems in the legal fight against damage caused by smoking behaviour? This contribution looks into the compensatory function of tort law. It examines the possibility of compensating victims of damage related to the use of tobacco products. Central to that inquiry […]