ABSTRACT
This paper focuses on the intersection of proximate causation and physician liability. Specifically, the issue is this: should a physician be liable to an unidentified victim of a motor vehicle accident caused by a physician’s patient who was not warned to avoid driving due to a medical condition, prescription medication or procedure which may impair the patient’s driving ability? This paper surveys the jurisprudence of various states in search of the answer.
Ginsberg, Marc, Palsgraf Meets Medicine: Physician Beware! – The Unidentified Non-patient and the Duty of Care (October 8, 2020). Suffolk University Law Review, volume 54, no 1, 2021.
First posted 2020-10-20 10:04:39
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