Category Archives: Personal Injuries

‘Cost of NHS negligence claims likely to double by 2023, says study’

“The annual cost to the NHS in England of settling clinical negligence claims is equivalent to training 6,500 doctors and is expected to double by 2023, according to the Medical Protection Society. Further increases in the £1.5bn bill will render such payments unsustainable and divert significant amounts of funding away from frontline patient care, the […]

Denise Meyerson, ‘Medical Negligence Determinations, the “Right to Try”, and Expanded Access to Innovative Treatments’

Abstract: This article considers the issue of expanded access to innovative treatments in the context of recent legislative initiatives in the United Kingdom and the United States. In the United Kingdom, the supporters of legislative change argued that the common law principles governing medical negligence are a barrier to innovation. In an attempt to remove […]

Juergen Backhaus, ‘Lawyers’ economics versus economic analysis of law: a critique of professor Posner’s “economic” approach to law by reference to a case concerning damages for loss of earning capacity’

Abstract: A methodological critique of the Chicago School of legal economic analysis, in particular Posner’s approach, is illustrated by an example characterizing Chicago-type ‘analysis of law’. Although the discussion of the example referred to may be interesting in its own right, its purpose here is to suggest a more general framework of criticism in order […]

Sabrina Safrin, ‘The C-Section Epidemic: What’s Tort Reform Got to Do with It?’

Abstract: Today one in three babies in the United States comes into the world by cesarean section. The cesarean section has become the most commonly performed operating room procedure in the United States. Conventional wisdom holds that malpractice liability bears primary responsibility for the cesarean section epidemic and that tort reform, which caps physician liability, […]

‘Is a dog a product?’

“The Abnormal Use blog is reporting on an interesting story about a lawsuit against a Humane Society pet shelter based on the fact that a dog adopted from the agency bit a 15-month old child. What is interesting is that the cause of action is based on product liability principles. The case apparently argues that […]

Richard Lewis, ‘Industrial Injuries Compensation: Tort and Social Security Compared’

Abstract: This article highlights aspects of the tort system of compensation for personal injury in the UK by comparing the provision made for workers under the state’s industrial injury scheme. The relative significance of the two schemes has rarely been considered and has not been dealt with in any UK law journal. Although lawyers are […]

Richard Lewis, ‘Tort Tactics: An Empirical Study of Personal Injury Litigation Strategies’

Abstract: This article reveals some of the tactics which lawyers may use when conducting personal injury litigation. The research is empirically based by being drawn from structured interviews with a cross section of practitioners. This qualitative evidence helps to place the rules of tort in a wider context and suggests that tactical considerations may affect […]

‘The Case Against National Medical Malpractice Reform’

“Nobody wants medical tort reform more than me. As a surgeon in private practice for over 30 years, I feel the sting of exorbitant malpractice insurance premiums. I hear tales in the hospital doctors’ lounge of frivolous lawsuits, of suits brought by ungrateful and misinformed patients, of doctors torn between feelings of compassion and fear […]

de Costa and Tam, ‘Liability for providing a prognosis in surgical practice’

Abstract: The common law’s development of the doctrine of informed consent has progressively imposed broader obligations on surgeons to provide patients with information about the surgical and alternative treatment choices available. Prognosis is critical because the patient cannot provide informed consent without information about the likely evolution of the physiological or pathological processes involved in […]

‘Liability v. Innovation: Unpacking key connections’: Keele University, 4 May 2017

The fifth seminar in the series, ‘Thinking outside the box: Strict liability and offsetting risk’, will take place at Keele University on 4 May 2017. This seminar will question the received wisdom that shapes the Medical Innovation Bill, namely: (a) fault-based liability, (b) full compensation and (c) the patient’s best interest as a governing principle […]