Category Archives: Personal Injuries

Special number on Road Accident compensation (Wake Forest Law Review, 2018, volume 53 no 2)

Extra-Strict Liability for Traffic Accidents in France (Jean-Sebastien Borghetti) When Cars Crash: The Automobile’s Tort Law Legacy (Nora Freeman Engstrom) The Regulatory Sweet Spot for Autonomous Vehicles (Mark A Geistfeld) A Comparative Analysis of Traffic Accident Systems (Ernst Karner) From Fault-Based to Strict Liability: A Case Study of an Overpraised Reform (Ronen Perry) € (Hein […]

‘It’s the Punitive Damages, Stupid’

“There’s a compelling (yet terrifying) new ‘must-see’ documentary now streaming on Netflix called ‘The Bleeding Edge’. Here’s the Los Angeles Times’ lead paragraph about it: ‘If body-horror auteur David Cronenberg had dramatized any of the nightmarish stories in Kirby Dick and Amy Ziering’s medical documentary The Bleeding Edge, you wouldn’t hesitate to call it a […]

Baker and Silver, ‘How Liability Insurers Protect Patients and Improve Safety’

Abstract Forty years after the publication of the first systematic study of adverse medical events, there is greater access to information about adverse medical events and increasingly widespread acceptance of the view that patient safety requires more than vigilance by well-intentioned medical professionals. In this essay, we describe some of the ways that medical liability […]

Lars Noah, ‘Doctors on the Take: Aligning Tort Law to Address Drug Company Payments to Prescribers’

Abstract The pharmaceutical and medical device industries aggressively market their wares to health care professionals, and the giving of gifts has become a central feature of this process. Most observers regard financial incentives tied to the use of specific therapeutic products as ethically impermissible, and various institutions have tried combating inappropriate gifts and payments to […]

Galasso and Luo, ‘How Does Product Liability Risk Affect Innovation? Evidence from Medical Implants’

Abstract Liability laws designed to compensate for harms caused by defective products may also affect innovation incentives. This paper examines this issue, exploiting a major quasi-exogenous increase in liability risk faced by US suppliers of polymers used to manufacture medical devices implanted in human bodies. Difference-in-differences analyses suggest that the surge in liability risk had […]

Douglas Brodie, ‘Employers’ Liability and Allocation of Risk’

Introduction The common law has long taken the view that the employment relationship gives rise to an affirmative duty to protect employees against the risks of employment. The duty acknowledges the employee’s vulnerability and is deeply engrained but, from the employee’s perspective, is subject to very significant limitations. Somewhat counter-intuitively, the risk of psychiatric harm […]

Hyman, Liu and Black, ‘Medical Malpractice Litigation and the Market for Representation: Evidence from Indiana’

Abstract How concentrated is the market for medical malpractice (med mal) legal representation, whether for plaintiffs or defendants? How often do plaintiffs proceed pro se, and with what results? Do successful lawyers start off with better cases to begin with or do they add more value to the cases – or both? Building on earlier […]

Gemma Turton, ‘Informed Consent to Medical Treatment Post-Montgomery: Causation and Coincidence’

Abstract If a patient suffers physical harm during medical treatment when a risk materialises which the doctor failed to warn the patient about, there are two key issues when a negligence claim is brought by the patient. First, it must be shown that the doctor was negligent in failing to warn the patient about the […]

‘Kaczorowski on Claiming Personal Injury after Railroad Accidents’

“Robert J Kaczorowski, Fordham University School of Law, has posted From Petitions for Gratuities to Claims for Damages: Personal Injuries and Railroads During the Industrialization of the United States, which is forthcoming in the American Journal of Legal History 57 (2017): 261-315: ‘This article presents the findings of an empirical study of the ways in […]

Devaney and Holm, ‘The Transmutation of Deference in Medicine: An Ethico-Legal Perspective’

Abstract This article critically considers the question of whether an increase in legal recognition of patient autonomy culminating in the decision of the Supreme Court in Montgomery v Lanarkshire Health Board in 2015 has led to the death of deference to doctors, not only within the courts and healthcare regulatory arenas in England and Wales […]