Category Archives: Personal Injuries
‘Extracting Informed Consent’
Winterbotham v Shahrak [2024] EWHC 2633 (KB): Background. In Winterbotham, the Claimant had suffered a partially erupted wisdom tooth for many years, which had caused several episodes of pericoronitis (inflammation of the surrounding gum tissue) with associated pain and discomfort. Because of the lengthy wait for NHS treatment, the Claimant sought private treatment and was […]
Ellen Bublick, ‘What We Talk About When We Talk About the Duty of Care in Negligence Law: The Utah Supreme Court Sets an Example in Boynton v Kennecott Utah Copper’
ABSTRACT Every day, state common law courts define the duty of care in negligence law. There is no formula for how courts should determine duty. Yet when judges are charged with important decisions about whether to open or shut the courthouse doors to whole categories of claimants, judges need some framework for decision. This article […]
Lindgren and Oberman, ‘Recalibrating Risk under Dobbs’
ABSTRACT Several years into the US experiment with criminalizing abortion, there is little certainty about the answers to any number of basic questions about the scope and applicability of state abortion bans. For clinicians, this uncertainty, coupled with the high stakes of criminal liability, has triggered a broad-scaled retreat from the pre-Dobbs standard of care […]
David Wasserman, ‘Parental Liability for Prenatal Negligence?’, University of Toronto and Zoom, 15 November 2024
Our speaker will be David Wasserman of the Department of Bioethics at the US National Institutes of Health. David will speak on moral issues raised by parental liability for negligence causing prenatal injury to a fetus. He will speak for about 45 minutes after which there will be a Q&A period … (more)
Langford and Foong, ‘Unproven stem cell therapies: an evaluation of patients’ capacity to give informed consent’
ABSTRACT Capitalising on the hype surrounding regenerative medicine, there are clinics worldwide marketing unproven stem cell-based therapies to patients. Some patients have travelled overseas to access treatments they believe are safe and effective. This practice, known as stem cell tourism, could result in adverse effects in some patients. This paper seeks to examine how the […]
Giuffrida and Treece, ‘Keeping AI Under Observation: Anticipated Impacts on Physicians’ Standard of Care’
ABSTRACT As Artificial Intelligence (AI) tools become increasingly present across industries, concerns have started to emerge as to their impact on professional liability. Specifically, for the medical industry-in many ways an inherently ‘risky’ business-hospitals and physicians have begun evaluating the impact of AI tools on their professional malpractice risk. This Essay seeks to address that […]
Gregory Keating, ‘Pouring New Wine into Old Skins: The Case of Self-Driving Cars’
ABSTRACT When torts scholars write about autonomous vehicles (AVs), they take it as axiomatic that self-driving cars are a revolutionary technology of transportation, and they require a revolutionary change of automobile liability regime. Ken Abraham and Rober Rabin, for example, argued that the rise of AVs requires that we replace our existing, human-driver and product-centric […]
Paula Giliker, ‘Reparation for non-recent institutional child sexual abuse in England and Wales and Australia: a matter for private law or the state?’
ABSTRACT This paper examines the question of reparation for non-recent institutional child sexual abuse in England and Wales and Australia in the light of independent inquiries which reported in 2022 (England and Wales) and 2017 (Australia). Both inquiries recommended the introduction of state-based redress schemes that would exist alongside private law. While the new UK […]
Annika Pavlin-Jamal, ‘Considerations for a Tort of Family Violence’
ABSTRACT This article contends that the existing gap in legal recognition of domestic abuse would be effectively addressed through the codification of the proposed tort of family violence. The first section examines a ‘continuous’ and relational understanding of domestic abuse through the lens of Ahluwalia v Ahluwalia, where the tort was initially introduced, and discusses […]
The Intersections of Tort and Compensation Law: University of Auckland Law School and Online, 13-14 February 2025
We invite Tort and Compensation system researchers and teachers in Australia and New Zealand to join us in Auckland or online on 13-14 February 2025 to share research and teaching approaches about tort law, and compensation systems. We are delighted to be joined by The Honourable Sir Stephen Kós KNZM and The Honourable Justice Peter […]