Category Archives: Personal Injuries

Vera Lúcia Raposo, ‘I (Won’t) See You in Court Alternative Dispute Resolution for Medical Liability Conflicts: Examples from Europe’

ABSTRACT In many jurisdictions, courts and the related tort liability rules have failed to adequately address conflicts arising from healthcare delivery that has caused harm. The litigation model – the classic model used to deal with medical liability – must be, if not replaced, at least supplemented by another model, and alternative dispute resolution is […]

Paul Heaton, ‘The Effect of Mandatory Insurer Reporting on Settlement Delay’

ABSTRACT To improve their fiscal position, Medicare and some state Medicaid programs have recently taken steps to mandate reporting of personal injury awards and thus facilitate subrogation against such awards. Participants in the tort system have argued these additional reporting requirements might delay settlement of claims, harming both plaintiffs and defendants. This article examines this […]

Klea Vyshka, ‘Direct Actions against Insurers in Cross-Border Traffic Accidents in a Europeanised Private International Law – What Protection For The Injured Parties?’

ABSTRACT This article offers a discussion of the law applicable to cross-border traffic accidents, from the perspective of the protection of injured parties. The introduction of principles like direct actions against insurers by injured third parties (forum actoris), mostly because of CJEU’s liberal approach, puts into question the relationship between European private international law and […]

Michael Aondona Chiangi, ‘Principles of Medical Negligence: An Overview of the Legal Standard of Care for Medical Practitioners in Civil Cases’

ABSTRACT Medical negligence can result in dire consequences or even death of the victims in extreme cases. Despite the proliferation of literatures on this subject, the level of awareness still remains inadequate especially in Nigeria and has stalled the development of this area of law. In determining whether a medical practitioner’s conduct amounts to negligence, […]

‘COVID-19 Suits, Preemption, and Workers’ Compensation’

“At Law.com, Amanda Bronstad covers suits by employees against Tyson Foods. The defendants in those cases have argued negligence claims are preempted by the Federal Meat Inspection Act and the Poultry Products Inspection Act. In the cases filed in Iowa, defendants also cited the workers’ compensation bar. Tyson opted out of workers’ compensation in Texas, […]

Rothstein and Irzyk, ‘Employer Liability for “Take-Home” COVID-19’

ABSTRACT Workplace exposure to SARS-CoV-2 has been a source of morbidity and mortality from COVID-19, especially for ‘essential workers’, such as those employed in health care and meatpacking. Many family members of these workers also have become infected and died. If the employee’s exposure was the result of the employer’s negligence, the family member or […]

Bolton v Stone Revisited’

“The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary […]

Valena Elizabeth Beety, ‘Compensating Victims of Police Violence’

ABSTRACT Victim compensation funds exist to help victims and their families during a traumatic time of crisis. These funds cover funeral expenses, medical expenses, and mental health treatment at a critical time. Yet to be eligible for victim compensation funds, the victim often must provide a police report that identifies the assailant as the perpetrator […]

Lagioia and Contissa, ‘The Strange Case of Dr Watson: Liability Implications of AI Evidence-Based Decision Support Systems in Health Care’

ABSTRACT This paper investigates the legal issues emerging from the adoption of clinical decision support systems (CDSS) based on artificial intelligence (AI). We explore a set of questions whose answers may affect the allocation of liability in misdiagnosis and/or improper treatment scenarios. The characteristic features of new-generation CDSS based on AI raise new challenges. In […]

Samuel Hodge, ‘Should a Physician Apologize for a Medical Mistake? – The Controversy Over the Effectiveness of Apology Law Statutes’

ABSTRACT There are two approaches that health care providers can pursue in handling a medical error. Is it better for a physician not to admit a mistake and aggressively defend the claim or apologize and try to amicably resolve the matter? There has been a growing movement for physicians to offer words of sympathy or […]