Category Archives: Negligence

Steve Hedley, ‘Tort: The Long Good-Bye’

ABSTRACT Throughout history, tort – civil liability for wrongdoing – has been a prominent feature of many legal systems. By compelling wrongdoers to compensate their victims, two immediate social needs are satisfied (wrongdoers are penalised, their victims supported), as are other goals (public order is upheld, justice is seen to be done). Yet in modern […]

Roberts and Foulkes, ‘Genetic Duties’

ABSTRACT Our genes don’t change but the results of our genetic tests might. The first is basic biology. The second, a product of the reality that we are still learning about the human genome. A person who took a genetic test in 2010 could take the same test with the same lab in 2020 and […]

‘New Judgment: Barclays Bank Plc v Various Claimants [2020] UKSC 13′

“In this appeal, the Supreme Court is asked to decide whether Barclays Bank is vicariously liable for sexual assaults allegedly committed between 1968 and about 1984 by the late Dr Gordon Bates. Dr Bates was a self-employed medical practitioner with a portfolio practice. His work included conducting medical assessments and examinations of prospective Barclays employees. […]

Mark Grady, ‘The American Negligence Rule’

ABSTRACT This Article reviews and proposes a revision of the orthodox academic view of the negligence breach of duty requirement. The orthodox view comes from Oliver Wendell Holmes’s treatment in his book, The Common Law, and stresses the defendant’s conduct. According to Holmes, negligence is conduct ‘on the wrong side of the line’. Hence, negligence […]

‘New Judgment: Whittington Hospital NHS Trust v XX [2020] UKSC 14′

“The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotherapy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was […]

Kahn and Lopatka, ‘Res Ipsa Loquitur: Reducing Confusion or Creating Bias?’

ABSTRACT The so-called doctrine of res ipsa loquitur has been a mystery since its birth more than a century ago. This Article helps solve the mystery. In practical effect, res ipsa loquitur, though usually thought of as a tort doctrine, functions as a rule of trial practice that allows jurors to rely upon circumstantial evidence […]

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 […]

Foulkes and others, ‘Can Clinical Genetics Laboratories be Sued for Medical Malpractice?’

ABSTRACT Clinical genetics laboratories are handling more patient information than ever before, including genetic data that has no established clinical significance. Those labs could face legal liability if that previously uncertain information gains clinical significance and a laboratory fails to notify the impacted patients. Should patients choose to sue clinical genetics labs, what body of […]

Jillian Alderman, ‘Auditor Litigation Risk: A Review of Past Perspectives, Recent Developments, and Emerging Issues’

ABSTRACT This review synthesizes key perspectives and trends in research and practice on the topic of auditor litigation, beginning with the immediate post-SOX era and ending in 2019. Although fears of catastrophic auditor liability in this period have not yet materialized, audit firms may be facing new vulnerabilities. This paper provides a summary of emerging […]