Category Archives: Personal Injuries

W Nicholson Price II, ‘Medical Malpractice and Black-Box Medicine’

Abstract: The explosive proliferation of health data has combined with the rapid development of machine-learning algorithms to enable a new form of medicine: black-box medicine. In this phenomenon, algorithms troll through tremendous databases of health data to find patterns that can be used to guide care, whether by predicting unknown patient risks, selecting the right […]

‘New Challenges in Medical Negligence Law’: University of Liverpool, 20 April 2017

It is a long-standing principle of tort law that patients injured by a doctor’s carelessness are entitled to compensation. Yet, with the NHS facing unparalleled financial challenges, the issue of compensating medical accidents is becoming increasingly controversial. The clash between concern for patient rights and an apprehension about a spiralling compensation culture is leading to […]

McMichael, Van Horn and Viscusi, ‘Sorry is Never Enough: The Effect of State Apology Laws on Medical Malpractice Liability Risk’

Abstract: State apology laws offer a separate avenue from traditional damages-centric tort reforms to promote communication between physicians and patients and to address potential medical malpractice liability. These laws facilitate apologies from physicians by excluding statements of apology from malpractice trials. Using a unique dataset that includes all malpractice claims for 90% of physicians practicing […]

Born and Karl, ‘The Effect of Tort Reform on Medical Malpractice Insurance Market Trends’

Abstract: In this article, we examine the extent to which the timing of reforms to the tort liability system coincides with changes in medical malpractice insurance market conditions. Our research is motivated by the fact that, while policy discussions and academic research pertaining to the merits of tort reform often center on ex post effects, […]

Hyman, Rahmati, Black and Silver, ‘Medical Malpractice Litigation and the Market for Plaintiff‐Side Representation: Evidence from Illinois’

Abstract: How concentrated is the market for medical malpractice (med mal) legal representation? Do successful plaintiffs’ lawyers start off with better cases to begin with, do they add more value to the cases they handle, or both? How do top plaintiffs’ lawyers market their services, and where did they go to school? How large are […]

Elsabe Schoeman, ‘Transnational Tort Litigation: Splitting Issues or Splitting Hairs?’

Abstract: This essay examines a trilogy of transnational personal injury cases with similar fact patterns, all decided by the highest court in the UK. Each case involved a foreign locus delicti and each case focused on a specific aspect of damages. Yet, in each of these cases the issue in dispute was decided differently in […]

Alberto Galasso and Hong Luo, ‘Tort Reform and Innovation’

Abstract: Current academic and policy debates focus on the impact of tort reforms on physicians’ behavior and medical costs. This paper examines whether these reforms also affect incentives to develop new technologies. We find that, on average, laws that limit the liability exposure of healthcare providers are associated with a significant reduction in medical device […]

Makary and Daniel, ‘Medical error – the third leading cause of death in the US’

“The annual list of the most common causes of death in the United States, compiled by the Centers for Disease Control and Prevention (CDC), informs public awareness and national research priorities each year. The list is created using death certificates filled out by physicians, funeral directors, medical examiners, and coroners. However, a major limitation of […]

Thomas Kadner Graziano, ‘The Distribution of Social Costs of Ski Accidents through Tort Law: Limits of Fault-Based Liability in Practice – and Alternative Regimes’

Abstract: In most European countries, fault-based liability is the principal pillar of extra-contractual liability, at least in theory. However, proving fault of the person alleged to be liable may be a requirement which is difficult or even impossible to fulfil, even for claimants who may in fact deserve compensation. Ski accidents illustrate these difficulties particularly […]

Burrows and Burrows, ‘A Shocking Requirement In The Law On Negligence Liability For Psychiatric Illness: Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588′

Abstract: The Ronayne case concerned a husband who suffered a psychiatric illness, described as an adjustment disorder, in seeing the condition of his wife who was the primary victim of admitted medical negligence. His claim for compensation, as a ‘secondary victim’, failed because he could not satisfy the legal requirement that there must be a […]