This Article considers a new development in medical practice-the use of medical decision-support tools-and positions it within one of the most enduring debates at the intersection of administrative law and tort law. The Article identifies key factors that policy-makers in medical, environmental, and other contexts use to decide between regulatory and tort approaches to public protection, and ar...

This paper estimated the effects of tort law and insurer investment returns on physician malpractice insurance premiums. Data were collected on tort law from 1991 through 2004, and multivariate regression models, including fixed effects for state and year, were used to estimate the effect of changes in tort law on medical malpractice premiums. The premium consequences of national policy changes...

In this paper, we examine the link between innovative activity on the part of firms, the competitive pressure to introduce innovations and optimal damages awards. While innovative activity brings forth valuable new products for consumers, competitive pressure in the ensuing innovation race induces firms to launch innovations too early, thereby raising the likelihood of severe product risks abov...

I. Placing Contributory Infringement Doctrine in the Context of Tort Law ............................................................................ 3 II. Tort Law’s Reasons for Imposing the Duty to Control on Others..................................................................................... 6 A. Control ............................................................................ 8 B....

r a d i o l o g y M a n a g e M e n t 30 r a d i o l o g y M a n a g e M e n t  M a r c h / a p r i l 2 0 1 1 The credit earned from the Quick CreditTM test accompanying this article may be applied to the AHRA certified radiology administrator (CRA) operation management domain. By David M. Ottenwess, Esq, Meagan A. Lamberti, Esq, Stephanie P. Ottenwess, Esq, and Adrienne D. Dresevic, Esq Medic...

This article highlights two contrasting sets of images of tort that are dominant in UK culture. The first set reflects various aspects of the traditional portrayal of justice, which depicts tort as an independent ‘natural’ system of rules of universal application forming the foundation of a just society. The second group of images is more recent and relates to the perceived development of a dam...

Is there a connection between state-law tort reform and the explosive growth of U.S. intellectual property (IP) litigation? The literature has established that the number of tort claims in states with tort reform has gone down. How do personal injury (PI) plaintiff lawyers deal with the decrease in the demand for their services? Could a significant number of them end up shifting their practice ...

1 As a preliminary remark, we need to mention that the rules of tort law apply equally to both adults and children. Indeed, children can be liable under the general rules of tort law provided by artt. 2043 et seq. of the Italian civil code (Codice civile, c.c.), since no minimum age has been fixed by the legislature as a condition for liability. However, courts have progressively adapted these ...