Category Archives: Negligence

‘Proving Things 233: Assessing Evidence After 14 Years: The Cruel Concept Of Causation In Medical Negligence’

“This blog has looked many times at issues relating to witness evidence and the judicial approach when hearing evidence of matters that happened a considerable time before trial. The difficulties are made clear in the judgment of HHJ Emma Kelly in Richins v Birmingham Women’s and Children’s NHS Foundation Trust [2022] EWHC 847 (QB). This […]

Tsui and Wong, ‘Duty to Rescue? No Duty to Rescue? Shall you Pay for it?’

ABSTRACT This article is divided into three parts: The first part discusses the principle of the ordinary law, inter alia, under the law of tort, in particular, why it is not appropriate to impose on persons without presumed duties to be responsible for death of certain individuals under some instances. The second part discusses why […]

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 […]

Benoit Mayer, ‘The Duty of Care of Fossil-Fuel Producers for Climate Change Mitigation: Milieudefensie v Royal Dutch Shell, District Court of The Hague (The Netherlands)’

ABSTRACT On 26 May 2021, the District Court of The Hague (The Netherlands) passed an innovative judgment in Milieudefensie v Royal Dutch Shell. The Court interpreted Shell’s duty of care towards the inhabitants of the Netherlands as requiring it to mitigate climate change by reducing the carbon dioxide emissions resulting from its global operations by […]

Anat Lior, ‘The “Accident Network”: A Network Theory Analysis of Proximate Causation’

ABSTRACT In torts, proximate causation, or legal cause, examines whether a harmful negligent conduct is ‘closely enough related’ to the damages ensued. Tort professors often use the metaphor of a stone being thrown into a pond to explain this rather amorphous legal doctrine. The ripples the stone creates surrounding it are the direct result of […]

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 […]

Gary Kok Yew Chan, ‘Medical AI, standard of care in negligence and tort law’

ABSTRACT AI is increasingly utilised in the provision of medical services to diagnose diseases, treat illnesses and perform surgery. There is growing evidence that AI can outperform human doctors in diagnoses. Nonetheless, AI is not immune from errors. This paper discusses the potential tort liabilities of doctors and hospitals arising from the use of AI […]

Vanessa Di Feo, ‘CM Callow v Zollinger, Reconceptualized Through the Tort of Negligent Misrepresentation’

ABSTRACT This article argues that CM Callow Inc v Zollinger was wrongly decided, and that the Supreme Court of Canada unnecessarily expanded the duty of honest contractual performance established in Bhasin v Hrynew. In this decision, the Supreme Court applied a contract law analysis to a fact scenario that did not entirely call for it. […]

Bradley Charles, ‘Michigan’s Helter-Skelter Landscape of No-Fault PTSD Cases Belies Science’

ABSTRACT Most Michigan cases, even in the past decade, agree with the century-old belief that post-traumatic stress disorder (PTSD) is not real because there’s ‘nothing there that shows’. These outdated beliefs bely current, corroborated, and credible scientific studies about PTSD. In fact, one gets the sense while reading these cases that, those who have PTSD […]