Category Archives: Personal Injuries
Matthew Leitch, ‘Disclosing alternative treatments: towards a Bolam–Montgomery partnership’
INTRODUCTION Montgomery v Lanarkshire Health Board marked a significant change in the law relating to informed consent. It made clear that the test outlined by McNair J in Bolam v Friern Hospital Management Committee, that a doctor will not be negligent where they act in accordance with practice accepted as proper by a responsible body […]
‘Interdepartmental Working Group on the Rising Cost of Health-Related Claims Report’
Minister for Health, Stephen Donnelly received government approval on 9 July 2024 to publish the Report of the Interdepartmental Working Group on the Rising Cost of Health-Related Claims and to establish a group to progress the implementation of its recommendations. The Group was chaired by Professor Rhona Mahony and comprised of membership from across relevant […]
Michael Duff, ‘Reverberations of Magna Carta: Work Injuries, Inkblots, and Restitution’
ABSTRACT This article argues that workers in the United States have been unconstitutionally undercompensated for their work injuries for at least a century. This provocative fact, coupled with statistics showing that over 120,000 people per year die from workplace injury and occupational disease, suggests a looming post-pandemic struggle for better injury remedies and safer workplaces. […]
Solaiman and Malik, ‘Regulating algorithmic care in the European Union: evolving doctor–patient models through the Artificial Intelligence Act (AI-Act) and the liability directives’
ABSTRACT This article argues that the integration of artificial intelligence (AI) into healthcare, particularly under the European Union’s Artificial Intelligence Act (AI-Act), poses significant implications for the doctor–patient relationship. While historically paternalistic, Western medicine now emphasises patient autonomy within a consumeristic paradigm, aided by technological advancements. However, hospitals worldwide are adopting AI more rapidly than […]
‘Surge in NHS clinical negligence claims raises concerns over quality of care, Darzi Report finds’
The increasing rate of clinical negligence claims is indicative of the poor state of the NHS in England, a damning government-commissioned review has concluded. Today’s report by surgeon and Labour former minister Lord Darzi includes a section devoted to clinical negligence and the worrying rise in claims, particularly in obstetrics … (more) [John Hyde, Law […]
Alexander Lemann, ‘The Opioid Litigation’s Challenge for Tort Theory’
ABSTRACT Tort litigation related to the opioid crisis has spanned several decades and led to tens of billions of dollars in liability. While several important opioid cases remain pending in various stages of litigation, it is now possible to sketch a basic outline of the results: individual plaintiffs sued opioid manufacturers on a variety of […]
Kurzban, Gallagher, Hill and Jaramillo, ‘Neither Goose Nor Gander: Why Tort Reform Fails All’
ABSTRACT The article cites reasons for the failure of tort reform in Florida. It discusses the proposed goals of the tort reform system and the legislature’s methods to accomplish those goals. Tort reform methods for limiting medical malpractice insurance premium lawsuits include statutory presuit process, the Florida Birth-Related Neurological Injury Compensation Plan, limitation of recovery […]
Mazzucco and Findlay, ‘Finding A Way Forward: Addressing Organizational Factors Contributing to Systemic Maltreatment in Canadian Sport’
ABSTRACT A range of investigations and empirical research confirms the scope and depth of maltreatment across sport. Legal liability for maltreatment in social institutions, such as sport organizations, has traditionally focused on the direct actions of the individual wrongdoer who perpetrates abuse and on the indirect or vicarious liability of the organization for its failure […]
‘Why we all need to collaborate on clinical negligence’
During Covid, we saw the very worst of pressure on the NHS: staff at their very best to provide care in impossible circumstances and patients at their most vulnerable trying to navigate their healthcare. In the clinical negligence field, we knew the impact this would have on our clients’ cases as doctors from all disciplines […]
‘Child Bound By Parents’ Arbitration Agreement with Amusement Park, Case #1′
Today, we have two separate posts on two very similar cases. The Headlees took their daughter, KH to an amusement part. This is the torts equivalent to ‘A guy walks into a bar’. To reduce any suspense about what I am about to narrate, I add that KH was played on ‘Wipeout’ an attraction at […]