Background: During recent years, scientists have presented several methods for treating infertility; these methods occasionally are highly efficient for infertile couples but can be concerning because of legal and ethical issues. One of these methods is surrogacy. Surrogacy is used when the main etiology of infertility is in the uterus caused by these three reasons: lack of uterine‚ congenital ...

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...

edical malpractice is in the news, again. The early 2000s have seen the third upheaval in medical liability insurance over the last three decades. States have as always been the first responders, but liability reform has also become a high-profile federal issue. Physicians, their liability insurers, and their allies promote state and federal tort reform to curb lawsuits. Their key goal is a “ca...

'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 "duty to protect" third parties, first imposed by the Tarasoff case, has concerned and perplexed clinicians. A series of guidelines is offered for reducing therapist exposure to suit, based on expert witness experience in a number of cases raising this form of tort liability. These guidelines concern the assessment and management of risk, the documentation of information and activities, the...