Diminished lives and malpractice: courts stalled in transition.

Law, Society, and Medical Malpractice Litigation in Japan

This Essay examines conflict over medical malpractice claims in Japan, and uses it as a lens through which to view the relationship between tort law and its social, economic, and political context. Allegations of medical malpractice in Japan have been rising rapidly. What explains the increasing willingness of people who believe that they are victims of medical malpractice to sue? And what (if ...

Malpractice liability for informal consultations.

BACKGROUND Informal ("curbside") consults are widely used by primary care physicians. These interactions occur in person, by telephone, or even by e-mail. Exposure to malpractice liability is a frequent concern of subspecialty physicians and influences their willingness to engage in this activity. To assess this risk, we reviewed reported judicial opinions involving informal consultation by phy...

Why Technology Provides Compelling Reasons to Apply a Daubert Analysis to the Legal Standard of Care in Medical Malpractice Cases

Traditionally, courts have applied a “customary practice” standard in determining the legal standard of care in medical malpractice cases. Recently, a few courts have abandoned this dated standard and instead applied a Daubert analysis to the standard of care, which focuses on medical evidence that is scientifically based . In light of these recent holdings, this iBrief argues that with the inc...

The courts as policy-makers : a medical malpractice case study

Negligence, genuine error, and litigation

Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in th...