Category Archives: Personal Injuries
Sohum Pal, ‘Consent and Coercion, in Sex and in Contracts’
ABSTRACT This Essay begins with the assertion that sex should be thought of as a domain of private law and proceeds to analyze it as such through a juxtaposition with the more securely private law domain of contracts. Part I examines and critiques the existing models of sexual consent and feminist proposals for consent reform, […]
Yildiz and Demirsoy, ‘From concept to experience: surgical and perioperative physicians perceptions of medical error and defensive medicine using the vignette technique’
ABSTRACT This study investigates surgical and perioperative physicians perceptions of medical errors and defensive medicine, with a particular focus on how these perceptions are shaped by conceptual understanding, clinical experience, and systemic factors. Given the high-risk and time-constrained nature of surgical practice, surgical and perioperative physicians represent a critical cohort for examining the impact of […]
‘Material Contribution and Covid-19 – Rehman v Secretary of State for Health and Social Care & Others [2026] EWHC 6 (KB)’
INTRODUCTION In Rehman, Master Davison considered applications by the Defendants to strike out twenty-three claims arising from deaths in care homes from Covid-19 during the pandemic. The claims were brought under the Law Reform (Miscellaneous Provisions) Act 1934 and the Fatal Accidents Act 1976. All but one of the Claimants alleged that the Secretary of […]
Aran, Perry and Shelly, ‘Clinical liability cases reveal a coupling between legal defensibility and medical procedure escalation in large language models’
PLAIN LANGUAGE SUMMARY Doctors are increasingly using artificial-intelligence chatbots to help make clinical decisions, and we wanted to know how relying on their recommendations would hold up to the legal standard of care expected of physicians, in other words, whether following the advice would help avoid medical malpractice. We studied this using real medical malpractice […]
Stephen Bailey, ‘The limits of Fairchild: scientific impossibility’
PRINCIPLES It is clear law that, to establish causation in fact in a tort case, it must normally be shown that the defendant’s wrongful act or omission played a necessary part in bringing about the harm (commonly loss or damage, sometimes invasion of a protected right). The most significant exception comprises cases where it is […]
Douglas Brodie, ‘Stress at work: contemporary expectations and common law hurdles’
INTRODUCTION As is well known, an employer’s liability in negligence for psychiatric harm is limited by the guidelines set out by the Court of Appeal in Hatton v Sutherland (Hatton) and approved by the House of Lords in Barber v Somerset (Barber). It is though worth highlighting that Hatton is now 25 years old and […]
Thomas Galligan, ‘Death in Admiralty’
ABSTRACT This is an article about legal history: the development of the law governing recovery for wrongful death in American admiralty law. Simultaneously, because the discussion spans the time period from 1865 to the present, it is a piece about the current state of the law. But it is also a lament. It is a […]
Kyle Bradley, ‘Reviving the Medical Monitoring Class Action’
ABSTRACT The class action was designed to provide peace to a group of wronged plaintiffs with similar claims. When individuals are harmed by toxic exposure but have yet to manifest an injury, those persons often want justice in the form of a simple remedy: medical monitoring. Medical monitoring is unique in that it enables both […]
Northon Salomão De Oliveira, ‘Medical Malpractice, Artificial Intelligence and Physician Liability: Who Is Responsible for AI-Assisted Medical Errors?’
ABSTRACT Clinical artificial intelligence has moved from pilot deployment to routine use in radiology, pathology, triage, and diagnostic support, yet malpractice doctrine still asks a single question designed for a single actor: did the treating physician breach the standard of care of a reasonably prudent practitioner? This article argues that the persistence of that question, […]
Call for proposals to present: Australian and New Zealand Tort and Compensation Researchers and Teachers Network Symposium: University of Sydney and Online, 15-16 February 2027
We welcome contributions which reflect a wide range of topics and approaches including doctrinal, theoretical, critical, empirical, reform and social justice, and pedagogical. We are particularly interested in providing opportunities for early career researchers and teachers to present their work and network with other colleagues … (more)