Category Archives: Personal Injuries

Price, Gerke and Cohen, ‘Liability for Use of Artificial Intelligence in Medicine’

ABSTRACT While artificial intelligence has substantial potential to improve medical practice, errors will certainly occur, sometimes resulting in injury. Who will be liable? Questions of liability for AI-related injury raise not only immediate concerns for potentially liable parties, but also broader systemic questions about how AI will be developed and adopted. The landscape of liability […]

‘New study in California concludes what we knew already: caps on damages in malpractice cases does not reduce malpractice’

“As California seeks to pass new legislation that would increase the amount victims can recover for pain and suffering in medical malpractice lawsuits, a new study shows that setting damage caps for pain and suffering reduces the incentive to avoid malpractice, and results in an increased rate of malpractice lawsuits. And, an increased rate of […]

Shen, Yerramilli and Zou, ‘Executive Fiduciary Duties and Workplace Safety’

ABSTRACT Does enhanced legal accountability of non-director executives improve workplace safety? We exploit an exogenous increase in executive legal accountability triggered by Delaware Supreme Court’s 2009 ‘Gantler ruling’ to address this question. In a difference-in-differences framework, we show that the workplace injury rate of establishments of Delaware-incorporated firms decreases significantly following the Gantler ruling relative […]

‘The Remit of Responsibility for a Tree Falling on to a Public Highway’

“There was no doubting that it was a ‘cruel combination of circumstances’ when a cherry tree that had been growing on land immediately adjacent to a dual carriageway, suddenly fell directly onto Mr Hoyle’s car the exact moment he was driving past. Mr Hoyle sadly died at the scene. A claim under the Fatal Accidents […]

Julie Campbell, ‘A Reliability Check on Expert Witness Testimony in Medical Malpractice Litigation: Mandatory Medical Simulation’

ABSTRACT Leading scholars have claimed that the medical malpractice system is working based on studies that estimate the error rate – the rate at which juries come to the wrong conclusion and erroneously hold a provider liable – to be less than twenty percent. But the injured plaintiff, who tends to lose a potentially meritorious […]

‘Autonomy as Corporeal, Not Just Cognitive’

Megan S Wright, ‘Resuscitating Consent’, 63 Boston College Law Review 887 (2022). Contemporary discussions of the law and ethics of informed consent to medical treatment tend to focus on the process of information communication, including the scope of the disclosures physicians are required to make, and the ability of patients to truly understand those disclosures […]

‘Israel: supreme court’s double standard on liability is unfair to Palestinians’

“One of the most basic and intuitive features that are expected of any legal system is to treat similar cases in a similar way. Sadly, when it comes to the law of negligence, Israel is not consistent in its treatment of Palestinians and other (often Jewish) citizens. In the recent case of Plonim v The […]

Buchner and Freye, ‘Informed Consent in German Medical Law: Finding the right path between patient autonomy and information overload’

ABSTRACT Informed consent in German medical law has a long and controversial tradition. For more than 100 years, medical treatment – even where medically indicated and performed under medical standards – constitutes an act of personal injury and therefore requires the patient’s consent. The basis for this sustained understanding was the personal injury doctrine developed […]

Nanci Carr, ‘Raising Corporate Consciousness of Employer Liability for Video Zoom While Driving’

ABSTRACT Imagine that you have logged onto a video Zoom meeting, and you notice that one of the participants is driving. He fumbles with the phone, trying to align the camera with his face, looking from the phone to the road ahead. Other participants on the call either say nothing or thank him for being […]

Stephen Paul, ‘Proving Causation in Clinical Research Negligence’

ABSTRACT Investigators conducting clinical research create a risk of harm to their human subjects. The common law recognizes a variety of duties that these investigators owe to their subjects. When they breach these duties, such as by negligently designing the study or failing to obtain informed consent, subjects who experience a negative outcome relative to […]