Professional Negligence

Medical negligence: need for balanced approach.

Court delivered on February 10, 2010 (1) attempted to circumscribe the scope of criminal liability for negligence by doctors and hospitals. The law of professional negligence, especially in the case of doctors, has been formulated in such a way as to eliminate fear and anxiety about legal consequences while making professional judgements during diagnosis and treatment. The decision reiterated t...

The Physiological Basis of Medical Practice

time, and though every intelligent mian knowvs that in all medical treatment there is an element of risk the plaintiff often thinks it vorth wvhile trying to convince the court that because there has been a mishap there must necessarily have been negligence. To rebut any such presumption is difficult, and often impossible. But though one has full sympathy wvith a patient wvho has met with furth...

Professional Negligence, Paralegals and Modern Legal Ethics between the Bookends

Over the past few months three books have come to the office which deserve some attention from the legal profession. Each is unique in its own way and serves a useful purpose. The first of the three is Professional Negligence1 by Australian National University law professor David F. Partlett. The book deals fundamentally with tort liability of professionals, mainly, M.Ds. and lawyers, but inclu...

Negligence Actions by Police Officers and Firefighters: A Need for a Professional Rescuers Rule

New Differences between Negligence and Strict Liability and Their Implications on Medical Malpractice Reform

This Article seeks to explore previously unexamined differences between the negligence and strict liability rules and thereby examine whether medical liability reform is required. The main thesis is that negligence as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism, and is more efficient for several reasons related to the lega...