IN medical malpractice litigation, negligence is the predominant theory of liability. The basic elements of a malpractice claim are duty, negligence, causation, and damage. Duty refers to the practitioners responsibility to treat a patient according to the standard of care. Negligence is defined by law as a deviation from the accepted standard of care and, therefore, a breach of duty. Causation...

Delayed diagnosis of breast cancer forms a substantial part of medical litigation and may sometimes result from communication failure in the multidisciplinary team. Review of such cases may result in improved patient pathways as a result of lessons learned. There is evidence that delay may significantly worsen prognosis. For a claimant to successfully pursue a case it is necessary for the medic...

Imagine that you are a parent who has just filed a negligence suit on behalf of your child. Although not a party to the suit, the defense seeks the release of your personal medical, psychiatric, and school records to challenge your child’s claims of causation. It is not unreasonable that your initial reaction would be surprise or even shock given that such practices threaten to invade your most...

Comparative causation is the only tort regime that allows parties to share an accident loss in equilibrium. The sharing of an accident loss between a nonnegligent injurer and his nonnegligent victim spreads activity level and R&D incentives between prospective tortfeasors and their victims. This is an effect that is never observed under the other negligence and strict liability based regimes. I...

This piece examines situations in which judges are called upon to develop and modify the common law. By reference to a number of recent developments in the United Kingdom and Australia, namely the law of evidence and common law privilege, the right to privacy, and causation in the tort of negligence, the author elucidates the manner and extent to which judges have and are able to develop the la...

Introduction.........................................................................................406 I. Background: Egg Donation at Law and Related Legal Developments ............................................................................412 A. A Brief History of Egg Donation........................................412 B. Egg Donation in the Courts .........................................

Abortion-specific informed consent laws in many states compel physicians to communicate state-mandated information that is arguably inaccurate, immaterial, and inconsistent with their professional obligations. These face ongoing First Amendment challenges as violations of the constitutional right against compelled speech. This Article argues compelling physician speech also pose significant pro...

How can there be an opinion at all about nothing? Reflect: when a man has an opinion, has he not an opinion about something? Plato** The precepts of physicians and natural philosophers about generation should also be studied by the parents themselves. GENERAL INTRODUCTION This paper concerns eugenic opportunity lost as a consequence of nondisclosure of eugenic information. The two words which m...