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 ophthalmologists together with all other health care providers are today under greater scrutiny than before as the public we serve is more literate, more educated and has easy access to infinite online information. In other words, the public is more aware of possible medical negligence. The days are gone when the doctor was considered next to the Supreme Being. In spite of super specializat...

I n health care liability claims, claimants often plead for recovery of exemplary/punitive damages from the defendant health care providers. These allegations often cause anxiety for the defendants, because invariably their professional liability insurance carrier sends them a letter stating that such claims—as well as any damages that may be awarded to compensate the claimant for such claims—a...

The liability rule traditionally used in accident law when both the injurer’s and the victim’s behaviour affect the likelihood of an accident occurring is the rule of contributory negligence. Under it, the injurer is liable for the full amount of the victim’s damage only if the injurer’s behavior is negligent and the victim’s behavior is non-negligent. If both parties are negligent, only the vi...

Abstract Almost as soon Briggs J opined in Calvert v William Hill Credit Ltd (2008) that ‘recognition of a common law duty to protect problem gambler from self-inflicted gambling losses involves journey the outermost reaches tort negligence, realm truly exceptional’, legal and technological context his dictum utterly transformed. The liberalising regime Gambling Act 2005 was not force when fact...