Category Archives: Negligence

Goudkamp and Nolan, ‘Contributory negligence in the Court of Appeal: an empirical study’

Abstract: In this paper we report the results of an empirical study of 112 appellate decisions on the contributory negligence doctrine in England and Wales between 2000 and 2015. It is the first study of its kind in any common law jurisdiction, and builds on earlier research in which we looked at the doctrine’s operation […]

‘What Is It Like to Think Like a Pre-Modern?’

Kenneth S Abraham and G Edward White, The Transformation of the Civil Trial and the Emergence of American Tort Law, Arizona Law Review (forthcoming), available at SSRN. There are a number of ways to tell the story of the change in American tort law that occurred in the nineteenth and twentieth centuries. Some, like John […]

Marc Ginsberg, ‘Does Evidence of Common Insurance Demonstrate Relevant Expert Witness Bias in Medical Negligence Litigation’

Abstract: Does ‘common insurance’ shared by the defendant-physician and the medical expert-witness establish an expert bias? In the past ten to fifteen years, the common insurance question has received attention by the state courts. It has been well understood that ‘evidence’ of the presence or absence of liability insurance is simply inadmissible to prove fault […]

‘Still up in the air – is it a Bolam case or a Penney case?’

“In 2012 Mr Muller was diagnosed with a malignant melanoma on the sole of his left foot. The cancer had spread, despite a quick biopsy, and all secondary metastases were then removed. Fortunately, Mr Muller proceeded to receive positive six-month scans, is now clear of cancer and has maintained a normal life expectancy. All perfectly […]

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 […]

‘Self-Driving Cars: The Reasonable Computer’

“At Singularity Hub, Ryan Abbott, professor of law and medicine, discusses coming changes in technology and how they might affect tort law: ‘Abbott appears to be the first to suggest in a soon-to-be-published paper that tort law treat AI machines like people when it comes to liability issues. And, perhaps more radically, he suggests people […]

‘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 […]

Paik, Black and Hyman, ‘Damage Caps and the Labor Supply of Physicians: Evidence from the Third Reform Wave’

Abstract: Nine states adopted caps on non-economic damages during the third medical malpractice reform wave from 2002-05, joining twenty-two other states with caps on non-economic or total damages. We study the effects of these reforms on physician supply. Across a variety of difference-in-differences (DiD), triple differences, and synthetic control methods, in both state- and county-level […]

‘The liability of golf clubs (again)’

“Reparation actions against golf clubs (or golfers) seem to be occurring with increasing regularity in recent years. In 2014, there were the cases of Phee v Gordon [2014] CSIH 18, which concerned a golfer struck by a golf ball hit by another player, as well as McMahon v Dear [2014] CSOH 100, which related to […]

Dov Fox, ‘Reproductive Negligence’

Abstract: A pharmacist fills a prescription for birth control pills with prenatal vitamins. An in vitro lab loses a cancer survivor’s eggs. A fertility clinic exposes embryos to mad cow disease. A sperm bank switches a selected sample with one from a donor of a different race. An obstetrician predicts that a healthy fetus will […]