Daniela Stallone Assistant Vice President, Claims Medical Liability Mutual Insurance Company The cases presented in this issue involve the legal doctrine of the “loss of chance.” The plaintiffs in both cases alleged that the negligence of, and delay in diagnosis by, the treating physician was a “substantial factor” in causing their injuries. Expert testimony for the plaintiff will often state t...

'RESTATEMENT, ToRTS §§ 334-339 (1934)'Id. § 333. 'Sioux City & Pac. R.R. v. Stout, 84 U.S. (17 Wall.) 657 (873), was the first case to articulate the doctrine in this country, although the Court cited two, Connecticut cases, Birge v. Gardiner, 19 Conn. 507 (1849) and Daley v. Norwich & W.R.R., 26 Conn. 591 (1858), and Lynch v. Nurdin, I QB. 29, 113 Eng. Rep. 1o41 (141), as "authorities" for its...

the principle of “non-retractable agreement between contractual and non-contractual responsibility” is a traditional rule in the french law and countries adapting the french law of harmony and homogeneity; this rule means that if the claim for petition is based on the mistake, i.e., if it was meant to be based on contractual liability, rather than liability enforced in accordance with establish...

Policy debates over medical malpractice in the United States involve a complex amalgam of legal doctrine, public demands to address the problem of medical errors, and the interests of various stakeholder groups. Most parties can agree, however, that the current system for compensating medical injury performs poorly. It falls short of achieving its two main goals: compensation and deterrence. Th...

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that a...

In this article we have studied the specific features of liability insolvency administrators for disciplinary offenses. The norms current legislation (in particular, Bankruptcy Proceedings Code Ukraine, Tax Labor Ukraine) regarding determination legal status officers and bringing them to been analysed in article. purpose research was study problematic issues related administrators. During gener...

Psychiatrists often believe they are protected from liability when conducting third-party evaluations in civil litigation. This belief is based on the understanding that a physician-patient relationship is required for liability to be found and the assumption that no physician-patient relationship is created when examinations are conducted at the request of a third party. Historically, many cou...

A distinctive feature of medical malpractice law is its acceptance of medical custom as the dispositive legal standard of care. Outside the field of medical malpractice, long established legal doctrine accords limited weight to custom in defining the general standard of care in negligence cases.' In medical practice, by contrast, the legal standard of due care is virtually defined by the custom...