Category Archives: Personal Injuries

‘A Cornish compensation claim’

“Here is another snippet on that vexed question: how did medieval law regard the foetus (something I have blogged about a bit. Much of the attention in this regard – including mine – has been on the law of homicide. That’s understandable, since we tend to think of the big question being ‘was it regarded […]

‘How Much Is The Lost Chance To Reproduce Worth?’

Dov Fox and Jill Wieber Lens, ‘Valuing Reproductive Loss’, 112 Georgetown Law Journal 61 (2023). Since Dobbs was decided, abortion rights advocates have been nervously looking around the legal landscape wondering what doctrinal domino is likely to fall next. At this very charged moment, Professors Dov Fox and Jill Wieber Lens bravely chose to write […]

‘Torts: Medical Malpractice Is Approved’

The American Law Institute’s membership voted today to approve Restatement of the Law Third, Torts: Medical Malpractice. Led by Reporters Nora Freeman Engstrom of Stanford Law School, Michael D Green of Washington University School of Law, and Mark A Hall of Wake Forest University School of Law, the project was launched as part of Restatement […]

Barnes, Hevron and Menounou, ‘Tort tales and total justice: Exploring attitudes toward everyday tort claims for workplace injuries’

ABSTRACT Despite some retrenchment, the litigation state remains alive and well. All this litigation has engendered intense debates over whether increased lawsuits represent a rising tide of justice or a flood of frivolous claims. Tort law has been at the center of these debates for decades, standing at the fault line between ‘tort tale’, ‘total […]

Beardmore and others, ‘The positive impact of legal advice and services on the mental wellbeing of UK veterans’

ABSTRACT Law has been recognised as a significant social determinant of health, however, micro-level legal advice interventions are underexplored. The dearth of research concerning the experience of British veterans highlights the need for uniquely tailored support services. This need is emphasised by the pervasiveness of mental health issues amongst this population. We investigate the feasibility […]

Andersson and Lerouge, ‘From the Recognition of “Psychiatric Disorder Caused by Asbestos Exposure” to the Mobilisation of Dignity in Labour Law: A Comparison of France and Sweden’

ABSTRACT In two rulings on 8 February 2023, the French Court of Cassation invoked the notion of ‘dignity’ in labour law to support claims for ‘damage due to anxiety’ (‘préjudice d’anxiété’). The concept of ‘damage due to anxiety’, which might in English be translated more functionally as ‘psychiatric disorder caused by asbestos exposure’, is based […]

Mary-Elizabeth Tumelty, ‘Delay and settlement: The disposition of medical negligence claims in Ireland’

ABSTRACT Reflecting the international experience, statistics show that most medical negligence cases in Ireland settle. Less is known, however, about the duration of these cases, though anecdotal evidence suggests that they are protracted in nature. Procedurally focused reforms, aimed at reducing costs and facilitating more expedient resolution of these disputes have been proposed in Ireland, […]

Jan van Staalduinen, ‘The Doctor and the Missing Link – EU Product Liability for Clinical (AI) Decision Support Systems’

ABSTRACT Clinical decision support systems (CDSSs) are computer systems that are designed to support clinical decision making, usually about individual patients. An example of a CDSS is the AI system that is central to the DECIDE-VerA project, which assists GPs by analysing a patient’s risk of developing cardiovascular diseases. If a decision which involved the […]

Nolan and Matulionyte, ‘Artificial Intelligence in Medicine: Issues when Determining Negligence’

ABSTRACT The introduction of novel medical technology, such as artificial intelligence (AI), into traditional clinical practice presents legal liability challenges that need to be squarely addressed by litigants and courts when something goes wrong. Some of the most promising applications for the use of AI in medicine will lead to vexed liability questions. As AI […]

Christian Günther, ‘Compensating Injuries Through the British Welfare State: Arriving at a Coherent System of No-Fault Compensation’

ABSTRACT The British welfare state exceptionally steps in to compensate those who have suffered injury without proof of fault – individual or collective. Relevant, well-established schemes include: the Armed Forces Compensation Scheme, the Vaccine Damage Payment Scheme, the Criminal Injuries Compensation Scheme, and the Industrial Injuries Disablement Benefit scheme. This contribution provides an overarching understanding […]