Abstract In a negligence action against defendant suffering from mental disorder or an incapacity, key but neglected question is what we mean by involuntariness. Although involuntariness accepted response, its relationship to physical incapacity poorly understood. The existing authorities offer only basic instruction about meant Moreover, there suspicion that undermines the objectivity of stand...

Medical negligence suits have become an issue of concern for doctors as well as for the health service departments. The main objectives of medical malpractice law are to compensate patients who are injured by negligence and to improve the quality of medical care. The amount of money and time spent on these cases may not be an effective allocation of social resources to minimize patient safety. ...

We analyze liability rules in a setting where injurers are potentially insolvent and where negligence standards may deviate from the socially optimal level. We show that proportional liability, which sets the measure of damages equal to the harm multiplied by the probability that it was caused by an injurer’s negligence, is preferable to other existing negligence-based rules. Moreover, proporti...

In this paper I estimate the strength of medical providers' incentive to avoid negligent medical care, taking account of the facts that many victims of medical malpractice do not file claims, many nonvictims do file claims, legal costs are high, and the legal system makes errors. Despite these problems, the negligence system creates a strong financial incentive for medical providers to avoid su...

This paper analyzes the output, abatement, and investment decisions made by a monopolistic polluter under environmental liability law. The model applied considers both integrated and end-of-pipe abatement technologies. We find that in the case of fixed technology, in many instances negligence produces more favorable results than strict liability in terms of social welfare. The reason is that ou...

BACKGROUND As part of an interdisciplinary study of medical injury and malpractice litigation, we estimated the incidence of adverse events, defined as injuries caused by medical management, and of the subgroup of such injuries that resulted from negligent or substandard care. METHODS We reviewed 30121 randomly selected records from 51 randomly selected acute care, non-psychiatric hospitals i...

The success of criminal acts can sometimes depend critically on the oversight or negligence of uninvolved bystanders (e.g., someone leaving a first-floor window open). Four studies examined how the contribution of a negligent bystander affects blame for the perpetrator of a crime. Although participants stated that discounting blame for the perpetrator was normatively inappropriate in this conte...