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...

January 28, 2014 Abstract Extending previous “tales of two market failures”, we consider a setting in which firms generate environmental externalities and may invest in environmentally friendly technological advancement generating R&D spillovers. We analyze the joint use of environmental liability law and R&D subsidies to internalize the double externality. Two alternative liability rules are c...

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 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...