Category Archives: Personal Injuries
Patricia de Moraes Paisani Matthey Claudet, ‘Michael Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377: a necessary clarification for a non “de minimis” discussion in causation’
INTRODUCTION Establishing factual causation is one of the most challenging steps to assess the feasibility of potential claims in the Tort of Negligence, especially in nuanced circumstances where the injury sustained by the claimant can originate from multiple causes. This is particularly sensitive in occupational health and medical negligence claims. In some of these cases, […]
Ming Ren Tan, ‘Medical negligence and disclosure of alternative treatments (McCulloch v Forth Valley Health Board [2023] UKSC 26)’
Recent years have witnessed significant developments in medical negligence jurisprudence. In 2015, the Supreme Court in Montgomery v Lanarkshire Health Board famously departed from the House of Lords decision in Sidaway v Board of Governors of the Bethlem Royal Hospital and the Maudsley Hospital by ruling that the professional practice test set out in Bolam […]
Seth Owens, ‘Putting a Price on Your Child: Promoting Resiliency and Equality in Damage Awards for Children’
ABSTRACT Could you calculate the monetary value you would accept in lieu of your child or the value of their loss after suffering a permanently disabling injury? In tort, this is the precise function of a damage award – to monetarily compensate the child for the value of their loss. Would you consider the child’s […]
Young, Nagdee and Pieterse, ‘The dose-effect relationship in PTSD: the South African Constitutional Court Case of AK v Minister of Police (2022)’
ABSTRACT The decision of the South African Constitutional Court in AK v Minister of Police has implications for law enforcement agencies that fail the victims of crime. In this matter, the plaintiff sued the Minister and others for damages after officers had failed to rescue her from the perpetrator(s) of a protracted sexual assault and […]
Katarzyna Wałdoch, ‘Informed Consent for the Use of AI in the Process of Providing Medical Services’
ABSTRACT It has been for several years now that physicians use medical devices based on artificial intelligence (AI) in their professional practice. The use of these tools makes health services more personalized, tailored to the individual characteristics and needs of the patient. There is also a technological possibility for AI systems to provide patients with […]
Pantović and Zrnić, ‘Informed Consent in Clinical Studies in the Republic of Srpska’
ABSTRACT As human medicine is developing at a galloping pace, continuously offering new medical products, diagnostic methods and preventive programmes, there is almost no time gap between their creation and application in medical practice. All these biomedical achievements are primarily intended to improve public health and the patient’s quality of life and health. Hence, it […]
Vasileios Maroudas, ‘Fault-Based Liability for Medical Malpractice in the Age of Artificial Intelligence: Α Comparative Analysis of German and Greek Medical Liability Law in View of the Challenges Posed by AI Systems’
ABSTRACT The rapid developments in the field of AI pose intractable problems for the law of civil liability. The main question that arises in this context is whether a fault-based liability regime can provide sufficient protection to victims of harm caused by the use of ΑΙ. This article addresses this question specifically in relation to […]
‘A Principled Approach to Damages in Pregnancy Loss and Beyond’
Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Dov Fox and Jill Wieber Lens’ 2023 prescient article, ‘Valuing Reproductive Loss’, could not have arrived at a more important time. In February 2024, the Alabama Supreme Court held that a state law permitting parents to recover for the wrongful […]
Eleanor Russell, ‘Psychiatric injury claims by secondary victims: clarification and correcting wrong turnings’
ABSTRACT The author analyses the recent decision of the UK Supreme Court in Paul v Royal Wolverhampton NHS Trust. The case is a significant one not only because the court was invited – and ultimately declined – to develop the law in relation to recovery for psychiatric injury by secondary victims, but also because of […]
Thomas Russell, ‘Claims on the Tracks’
ABSTRACT Using original empirical evidence, this Article challenges the prevailing conception of a ‘dispute pyramid’ – a smooth process of attrition from personal injury through claiming to litigation. Instead, I argue for the metaphor of a ‘salmon run’, with huge drop-offs from the levels of injuries to claims and, especially, to litigation. As support for […]