Category Archives: Personal Injuries

Hui Yun Chan, ‘Hospitals’ Liabilities in Times of Pandemic: Recalibrating the Legal Obligation to Provide Personal Protective Equipment to Healthcare Workers’

ABSTRACT The Covid-19 pandemic has precipitated the global race for essential personal protective equipment in delivering critical patient care. This has created a dearth of personal protective equipment availability in some countries, which posed particular harm to frontline healthcare workers’ health and safety, with undesirable consequences to public health. Substantial discussions have been devoted to […]

‘Recognising the legal landscape of informed consent – The GMC’s new guidance on Consent 2020’

“The landscape of informed consent in the doctor-patient relationship was fundamentally re-developed in 2015 when the Supreme Court drove a bulldozer through the Bolam principle replacing it with a new patient focused view designed on ‘materiality’ in Montgomery v Lanarkshire Health Board [2015] UKSC 11. The General Medical Council acted as an intervener in Montgomery […]

Rachel Zacharias, ‘“Reproductive Negligence”: A Necessary and Sufficient Remedy?’

Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law: By Dov Fox, Oxford University Press, 2019. In Birth Rights and Wrongs: How Medicine and Technology Are Remaking Reproduction and the Law, Dov Fox seeks to remedy instances in which a health care provider or member of the fertility industry has […]

‘“Informed consent” ruling threatens avalanche of PI costs refund claims’

“Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a major High Court ruling. Even if they ultimately cap their recovery, this needs to be included in the retainer too …” (more) […]

Betsy Grey, ‘Sex-Based Brain Differences and Emotional Harm’

ABSTRACT Technological advances have allowed neuroscientists to identify brain differences between women and men, which may lead to explanations for sex-biased population differences in behavior and brain-based disorders. Although the research is at its early stages, this is an appropriate time to examine some of the potential legal implications of these findings. This Article examines […]

Anne Bloom, ‘Injury and Injustice’

ABSTRACT This review examines the state of scholarship on the politics of injury law, a relatively neglected field. I argue that injury law is an important site of political contestation, particularly for social and economic minorities, that should receive much more attention from law and social science scholars. Drawing on past research from other areas […]

Marc Ginsberg, ‘Palsgraf Meets Medicine: Physician Beware! – The Unidentified Non-patient and the Duty of Care’

ABSTRACT This paper focuses on the intersection of proximate causation and physician liability. Specifically, the issue is this: should a physician be liable to an unidentified victim of a motor vehicle accident caused by a physician’s patient who was not warned to avoid driving due to a medical condition, prescription medication or procedure which may […]

Tobia, Nielsen and Stremitzer, ‘When Does Physician Use of AI Increase Liability?’

ABSTRACT Rationale: An increasing number of automated and artificially intelligent (AI) systems make medical treatment recommendations, including ‘personalized’ recommendations, which can deviate from standard care. Legal scholars argue that following such nonstandard treatment recommendations will increase liability in medical malpractice, undermining the use of potentially beneficial medical AI.  However, such liability depends in part on […]

Embryonic Injuries and Nascent Remedies in the age of CRISPR-Cas and Advanced IVF: Chicago-Kent College of Law, 18-19 November 2020

Join us on Zoom for this virtual symposium, chaired by Professor Barbara Pfeffer Billauer … (more)

Himani Bhakuni, ‘Informed consent to clinical research in India: A private law remedy’

ABSTRACT There is a well-established common law doctrine for ascertaining information disclosure in informed consent claims within the treatment context that governs the doctor–patient relationship. But there is no such doctrine in clinical research governing the researcher–participant relationship in India. India, however, is not exceptional in this regard. Common law countries like the United States […]