Copyrighted v Material. Contents

Size: px
Start display at page:

Download "Copyrighted v Material. Contents"

Transcription

1 Preface Table of Cases Table of Legislation List of Abbreviations List of Tables List of Figures Notes on Mode of Citation and Style Contents PART I: Setting the Context xiii xv xxxiii xli xlv xlvii xlix 1 The Book: An Overview 3 A INTRODUCTION 3 B THE COVERAGE OF THE BOOK 4 1. Claims arising out of physical injury to the non-patient 4 2. Claims arising out of non-physical injury to the non-patient 5 C WHY THE TOPIC IS IMPORTANt 6 1. No neat and tidy boundaries 6 2. An area of increasing appellate and extra-jurisdictional consideration 8 3. Legislative and human rights impacts The potential to give rise to group/class actions 11 (a) The current position 11 (b) The winds of reform? The contrast with other patient-centric contexts 13 D SCENARIOS AND CLAIMS OUTSIDE THE AMBIT OF THE BOOK General exclusions Tri-partite scenarios involving patients as claimants Non-patient claims for compensation for violation of a Convention right 16 E CONCLUSION 17 2 Establishing Negligence in Novel Non-Patient Scenarios 27 A INTRODUCTION 27 B THE NEGLIGENCE ACTION IN THE CONTEXT OF NON-PATIENT CLAIMs 27 C THE LEGAL FRAMEWORK FOR ESTABLISHING A DUTY OF CARE: SOME PRELIMINARY COMMENts The relevant application of the Caparo test to non-patient suits 28 (a) Reasonable foreseeability of harm 29 (b) The role of proximity and public policy 30 (c) The proximity basket 31 (d) Relevant policy factors 32 Copyrighted v Material

2 vi Medical Negligence: Non-Patient and Third Party Claims 2. The assumption of responsibility/reliance test 34 (a) Proving an assumption of responsibility by the healthcare professional 35 (b) Proving reliance by the non-patient The incremental test in the context of non-patients 38 D SOME COMMON THEMES OF DIFFICULTY IN NON-PATIENT CLAIMs Derivative liability versus independent liability The duty of confidentiality owed to a patient Omissions to act The size of the non-patient class How the duty of care is framed, and how the standard of care is set 47 E CAUSATION CONUNDRUMS ARISING IN SOME NON-PATIENT SCENarios Causation and omissions to act 49 (a) How can omissions cause the non-patient s harm? 49 (b) Pure omissions require a hypothetical scenario to prove causation Long chains of causation/intervening acts 52 F CONCLUSION 53 Part II: Actual or Potential Negligence Liability for Physical Injuries to Non-Patients 3 Injuries to Non-Patients Caused by Physically-impaired or Mentally-ill Patients 63 A INTRODUCTION 63 B THE POTENTIAL SCENarios Injuries to non-patients caused by mentally-ill patients Injuries to non-patients caused by physically-impaired patients Injuries to non-patients by reason of medically-caused physical injury to the patient 69 C CONSTRUCTING (AND DECONSTRUCTING) A DUTY OF care Reasonable foreseeability of harm The requisite proximity between healthcare professional and non-patient The relevant policy factors in the context of dangerous patients How would Tarasoff be decided in English law today? Patients who kill a non-patient, and art 2 of the Convention 86 D THE TREATMENT OF TARASOFF IN THE UNITED STATES: LESSONS FOR ENGLAND? What does a Tarasoff-type duty actually require a healthcare professional to do? A matter for statute? Judicial rejection of the Tarasoff principle: policy and distinctions Other expansions of the Tarasoff principle What responsibility (if any) should the non-patient bear? Defining the trigger for the Tarasoff duty The problem of proving breach in a Tarasoff scenario Proving a causal link may be difficult 102 E CONCLUSION 103

3 Contents vii 4 Contraction or Inheritance of Disease by Non-Patients from Patients 117 A INTRODUCTION Introducing the two facets of disease liability What the chapter does not cover 118 B RELEVANT DISEASE-RELATED SCENarios Contagious or communicable diseases Sexually-transmitted diseases Inherited diseases and conditions 125 C THE KEY DUTY OF CARE QUESTION The weak form of duty The robust form of duty 127 (a) A corresponding duty of confidentiality? 128 (b) The onerous task cast upon the healthcare professional 128 (c) A fragile or unwilling patient The particular problem of genetic information: the case against any duty of care at all Summary: weak or robust form of duty? 134 D CONSTRUCTING (AND DECONSTRUCTING) A DUTY OF care Proximity factors Public policy considerations 139 E PARTICULAR CAUSATION CONUNDRUMS IN DISEASE-RELATED SCENarios No positive act by the healthcare professional regarding the inheritance or spread of disease The linear chain of causation 144 (a) The patient s own conduct 144 (b) The non-patient s conduct 145 (c) Infection from some other source 146 F CONCLUSION Bad Samaritan Liability: Failing to Assist Non-Patients 157 A INTRODUCTION 157 B NO COMMON LAW DUTY TO ASSIST A STRANGER IN A MEDICAL EMERGENcy The no-duty-to-assist rule illustrated in medical scenarios Reasons for the no-duty-to-assist rule The relationship between the Convention and the no-duty-to-assist rule 167 C EXCEPTIONAL SCENARIOS: A COMMON LAW DUTY TO ASSIST STRANGERS IN MEDICAL EMERGENcies Requests for medical treatment at A&E facilities An emergency request, an affirmative undertaking, and reliance An emergency request, and a refusal to assist 173 (a) The facts and reasoning in Lowns v Woods 173 (b) Reaction to Lowns v Woods 176 (c) Would English law follow Lowns v Woods? 177 D CRIMINAL LIABILITY FOR FAILING TO ASSIST: A SNAPSHOT FROM OTHER JURISDICTIONs 182

4 viii Medical Negligence: Non-Patient and Third Party Claims 1. The Northern Territory The state of Vermont Continental Europe A Bad Samaritan statute for England? 186 E CAUSATION CONUNDRUMs How does doing nothing cause the victim s harm? Hypothetical scenario: what would the healthcare professional have done? 189 F CONCLUSION Good Samaritan Liability: Intervening to Assist Non-Patients 201 A INTRODUCTION 201 B JUDGING THE GOOD SAMARITAN AT COMMON LAW Some illustrative medical scenarios A duty of care owed by the healthcare professional to a stranger Where is the legal standard of care set for the Good Samaritan? 204 (a) The effect of battle conditions 204 (b) No relevant specialism 205 (c) What does not suppress the standard of care How is breach assessed for a Good Samaritan? 206 (a) The Bolam test of breach 206 (b) The making it worse rule 207 (c) The gross negligence test Conclusion 209 C GOOD SAMARITAN LEGISLATION: ANY LESSONS FOR ENGLAND? The desirability of Good Samaritan legislation: law reform opinion The legislative position in Australia, Canada and the United States Drafting and interpretation problems under Good Samaritan statutes 215 (a) Bad faith/gross negligence 215 (b) No expectation of fee or reward 218 (c) Can a corporation be a good Samaritan? 220 (d) Rendering assistance 221 (e) Assistance rendered at a hospital/medical centre 222 (f) Emergency medical care 223 (g) Level of injury 225 (h) A voluntary act (the problem of a pre-existing duty to rescue/assist) 225 (i) The effect of inebriation on the part of the rescuer, etc. 226 (j) The type of healthcare professional protected 226 D CONCLUSION 227 PART III: Actual or Potential Negligence Liability for Non-physical Injuries To Non-patients 7 Pure Economic Loss Claims by Third Parties Associated with the Patient 237 A INTRODUCTION 237 B THE POTENTIAL SCENarios The failed sterilisation/failed abortion cases 238 (a) Relevant cases 238

5 Contents ix (b) Joint and solo claims 239 (c) Failed sterilisation and future sexual partners 242 (d) Failed sterilisation and siblings 242 (e) Summary Wrongful birth scenarios 243 (a) Relevant cases 243 (b) Joint and solo claims The costs of caring for a negligently-treated patient Where third parties incur other financial losses brought about by a patient s negligent treatment 247 C CONSTRUCTING (AND DECONSTRUCTING) A DUTY OF CARE IN PURE ECONOMIC LOSS SCENarios Reasonable foreseeability of economic injury or harm The requisite proximity between healthcare professional and third party Relevant policy factors 253 D CONCLUSION Pure Psychiatric Injury Claims by Third Parties Associated with the Patient 265 A INTRODUCTION 265 B SETTING THE CONTEXt Some preliminary points A genuine or recognised psychiatric illness 268 C ILLUSTRATIVE SCENARIOS OF NON-PATIENT CLAIMS FOR PURE PSYCHIATRIC INJury 270 D CLAIMS BY NON-PATIENTS AS PRIMARY VICTIMS AGAINST HEALTHCARE PROFESSIONals Proving that the non-patient was a participant Elevating an apparent secondary victim to primary victim status Proving a duty of care, as a primary victim in medical negligence scenarios 278 (a) The test of foreseeability of psychiatric injury 278 (b) The role of proximity 278 (c) No requirement that the non-patient is of normal fortitude 279 (d) Any requirement of shock? 280 (e) Public policy considerations 281 E CLAIMS BY NON-PATIENTS AS SECONDARY VICTIMS AGAINST HEALTHCARE PROFESSIONals Can a non-patient be both primary and secondary victim? Proving a duty of care, as a secondary victim in medical negligence scenarios 282 (a) Reasonable foreseeability of psychiatric harm 283 (b) Relationship proximity: close tie of love and affection 284 (c) Spatial and temporal proximity 285 (d) Direct perception of events 287 (e) Non-patient of normal fortitude 288 (f) Shock 289 (g) Public policy considerations 293 F NON-PATIENT CLAIMS FOR PSYCHIATRIC INJURY, VIA OTHER AVENues 294

6 x Medical Negligence: Non-Patient and Third Party Claims 1. Recovery under Caparo principles Negligent misstatement 295 G CONCLUSION Fear-of-the-Future Claims by Non-Patients 309 A INTRODUCTION 309 B FEAR-OF-THE-FUTURE CLAIMS IN MEDICAL SCENarios The English position Relevant case law from elsewhere 311 C PROVING A LEGALLY-RECOGNISABLE INJury Why a genuine psychiatric illness should be mandatory for fear-of-the-future claimants Falling short: the options 316 (a) A consequential fear-of-the-future claim 316 (b) Should anxiety about the future be sufficient? 320 (c) Conclusion 321 D PROVING THE DUTY IN ENGLISH LAW Denying fear-of-the-future claimants primary victim status Recovery under the Caparo test 323 (a) Reasonable foreseeability of psychiatric harm 324 (b) Proximity between healthcare professional and non-patient 325 (c) Public policy considerations The case for rethinking fear-of-the-future claims 326 (a) The zone-of-danger test 327 (b) The timing point 327 (c) Extending the Page v Smith principle to other scenarios 328 (d) The role of policy 328 E SOME AMERICAN INSIGHTS ABOUT FEAR-OF-THE-FUTURE LITIGATION Exposure to the disease-causing agent 330 (a) The options: actual or possible exposure 330 (b) The arguments for and against Proving that the anxiety was objectively reasonable 332 F CONCLUSION Wrongfully-Accused Third Parties in Neglect or Abuse Cases 345 A INTRODUCTION 345 B THE CHILD CLAIMANt The early days 346 (a) The no-duty viewpoint 347 (b) The pro-duty viewpoint Key interim developments 350 (a) The Phelps and Barrett shifts in view 350 (b) Some interim successes in Strasbourg The East Berkshire (CA) decision 354 C THE WRONGFULLY-ACCUSED CLAIMANt 356

7 Contents xi 1. The East Berkshire (HL) decision Some applications of the rule in East Berkshire (HL) 361 D THE IMPACT OF THE ECHR ON THE WRONGFULLY-ACCUSED S LEGAL POSITION The East Berkshire rule and art Recovery by the wrongfully-accused under art Does the common law need to change in light of art 8? 366 (a) The East Berkshire (HL) obiter dicta 366 (b) The Lawrence v Pembrokeshire ratio 367 E CONCLUSION 370 Appendix: Potential Liability to Non-Patients and Third Parties: A Synopsis for Healthcare Professionals 381 Bibliography 393 Index 411

Medical Negligence: Non-Patient and Third Party Claims

Medical Negligence: Non-Patient and Third Party Claims Brochure More information from http://www.researchandmarkets.com/reports/1311667/ Medical Negligence: Non-Patient and Third Party Claims Description: Healthcare professionals face an increasing threat

More information

SCOTTISH LAW COMMISSION DAMAGES FOR PSYCHIATRIC INJURY. DISCUSSION PAPER No. 120

SCOTTISH LAW COMMISSION DAMAGES FOR PSYCHIATRIC INJURY. DISCUSSION PAPER No. 120 SCOTTISH LAW COMMISSION DAMAGES FOR PSYCHIATRIC INJURY DISCUSSION PAPER No. 120 A RESPONSE BY THE ASSOCIATION OF PERSONAL INJURY LAWYERS NOVEMBER 2002 The executive committee would like to acknowledge

More information

Contents. Acknowledgements Table of Cases Table of Legislation

Contents. Acknowledgements Table of Cases Table of Legislation Acknowledgements Table of Cases Table of Legislation ix xix xxix 1. Introduction 1 I. The Disintegration of the Modern Law 1 A. A Very Brief History 1 B. Implications of the Development of the Modern Law:

More information

Contents. Part I The issues in perspective 1. Part II The tort system in theory 27. 1 Introduction: surveying the field 3

Contents. Part I The issues in perspective 1. Part II The tort system in theory 27. 1 Introduction: surveying the field 3 Table of Preface List of abbreviations List of tables Table of legislation Table of cases page xv xvii xxi xxii xxvii Part I The issues in perspective 1 1 Introduction: surveying the field 3 1.1 Compensation

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice

More information

Chapter 1. ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com

Chapter 1. ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com ashgate.com A INTRODUCTION Chapter 1 The Book: An Overview Lord Atkin asked, back in 1932, who then in law is my neighbour?. 1 Almost eight decades later, the healthcare professional (HCP) must increasingly ask himself

More information

Executive summary and overview of the national report for Denmark

Executive summary and overview of the national report for Denmark Executive summary and overview of the national report for Denmark Section I Summary of findings There is no special legislation concerning damages for breach of EC or national competition law in Denmark,

More information

Munkman on Damages for Personal Injuries and Death

Munkman on Damages for Personal Injuries and Death Munkman on Damages for Personal Injuries and Death Twelfth edition Gordon BA (Warwick) of Lincoln's Inn, Barrister Foreword to the twelfth edition by Julian Goose QC Preface to the twelfth edition Preface

More information

Contents. Acknowledgements Abbreviations List of Tables and Figures Tables of Cases Table of Statutes

Contents. Acknowledgements Abbreviations List of Tables and Figures Tables of Cases Table of Statutes Contents Acknowledgements Abbreviations List of Tables and Figures Tables of Cases Table of Statutes v xiii xv xvii xxxi 1 Introduction 1 I. EU Public Liability Law and its Convergence 1 a. Liability of

More information

Civil Liability Amendment (Personal Responsibility) Bill 2002

Civil Liability Amendment (Personal Responsibility) Bill 2002 Passed by both Houses New South Wales Civil Liability Amendment (Personal Responsibility) Bill 2002 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Civil Liability Act 2002 No 22 2 4 Consequential

More information

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002

JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 JAMES MILLER STRESS - EMPLOYERS BEHAVING BADLY? SEPTEMBER 2002 Reynolds Porter Chamberlain Chichester House 278-282 High Holborn London WC1V 7HA Direct Tel: 020 7306 3517 Fax: 020 7242 1431 Direct Email:

More information

Civil Law of Damages: Issues in Personal Injury - A Consultation Paper The Law Society of Scotland s response March 2013

Civil Law of Damages: Issues in Personal Injury - A Consultation Paper The Law Society of Scotland s response March 2013 Consultation Response Civil Law of Damages: Issues in Personal Injury - A Consultation Paper The Law Society of Scotland s response March 2013 The Law Society of Scotland 2013 Introduction The Law Society

More information

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 Taming the Liability Monster Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 What is so important about understanding Civil Liability for Communications Personnel? Every job has the potential of

More information

Introduction to Emergency Medical Care 1

Introduction to Emergency Medical Care 1 Introduction to Emergency Medical Care 1 OBJECTIVES 4.1 Define key terms introduced in this chapter. Slides 11 12, 14, 16 22, 24, 26 32, 34 35, 39 4.2 Describe your scope of practice as an EMT. Slides

More information

Mandatory Training Service Training Plan. Course Content Outline from the Health and Safety Group

Mandatory Training Service Training Plan. Course Content Outline from the Health and Safety Group Mandatory Training Service Training Plan Course Content Outline from the Health and Safety Group Course content overview covers the following subjects: 1. Health and Safety at Work 2. Control of Substances

More information

General Liability Insurance

General Liability Insurance General Liability Insurance Insurance Company: Alberta School Boards Insurance Exchange (ASBIE) Insuring Agreement ASBIE agrees to pay on behalf of the Subscriber all sums that they are legally obligated

More information

Clinical Negligence. by Janet C Kelly Midwifery Lecturer

Clinical Negligence. by Janet C Kelly Midwifery Lecturer Clinical Negligence by Janet C Kelly Midwifery Lecturer 1 Aim To give an insight into the concept of clinical negligence and its relation to children s nursing 2 Objectives 1. To explain the concept and

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information

Negligence: Element III: Proximate Cause. Chapter 15

Negligence: Element III: Proximate Cause. Chapter 15 Negligence: Element III: Proximate Cause Chapter 15 Introduction Proximate Cause. 1) the causation question (cause in fact): Did the defendant cause the plaintiff s injury? 2) The policy question ( a cut-off

More information

THE GOOD SAMARITAN ACT AND PROTECTION FROM LIABILITY

THE GOOD SAMARITAN ACT AND PROTECTION FROM LIABILITY CHAPTER 7 THE GOOD SAMARITAN ACT AND PROTECTION FROM LIABILITY by George F. Indest III, JD, MPA, LL.M SCOPE This chapter discusses the FLorida Good Samaritan Law and other laws which protect physicians

More information

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011

Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Williams v. University of Birmingham [2011] EWCA Civ 1242 Court of Appeal, 28 October 2011 Summary In a mesothelioma claim, the defendant was not in breach of duty in relation to exposure to asbestos for

More information

SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY

SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY 01 technical spandeck SPANDECK ENGINEERING V DEFENCE SCIENCE AND TECHNOLOGY AGENCY This article focuses on the impact of the case of Spandeck Engineering (S) Pte Ltd v Defence Science & Technology Agency

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information

Limitation of Liability

Limitation of Liability Limitation of Liability Submission to the Attorney-General (Western Australia) July 2000 The Institution of Engineers, Australia Institution of Engineers, Australia 11 National Circuit, Barton, ACT, 2604

More information

Chapter 2: Negligence: The Duty of Care General Principles and Public Policy

Chapter 2: Negligence: The Duty of Care General Principles and Public Policy Chapter 2: Negligence: The Duty of Care General Principles and Public Policy Outline 2.1 Introduction 2.2 Donoghue v Stevenson [1932] 2.3 The three-stage test: foreseeability, proximity and fair, just

More information

TORTS SUMMARY LAWSKOOL SINGAPORE

TORTS SUMMARY LAWSKOOL SINGAPORE TORTS SUMMARY LAWSKOOL SINGAPORE Table of Contents Sources Used...4 1. INTRODUCTION TO NEGLIGENCE...5 2. DUTY OF CARE...6 2.1 Introduction & Development of Duty of Care...6 3. DUTY OF CARE- Kinds of Harm...10

More information

In England and Wales, two types of law may come into play following an accident or incident on an activity or visit criminal and/or civil.

In England and Wales, two types of law may come into play following an accident or incident on an activity or visit criminal and/or civil. Underpinning Legal Framework This document sets out to provide an overview of what the law requires and how to comply with it. It also explains what may happen following an accident or incident. Criminal

More information

Employers' Liability and Workers' Compensation

Employers' Liability and Workers' Compensation Brochure More information from http://www.researchandmarkets.com/reports/2623488/ Employers' Liability and Workers' Compensation Description: This large-scale comparative study analyses the two principal

More information

Overview of Psychological Injury

Overview of Psychological Injury Overview of Psychological Injury Euan Ambrose Definitions Recognized psychological illness as defined in DSM IV or ICD 10 Not grief, fear, sorrow, distress, anxiety or other normal human emotions (1) Primary

More information

Associates in Urology, LLC Notice of Privacy Practices

Associates in Urology, LLC Notice of Privacy Practices Associates in Urology, LLC Notice of Privacy Practices Associates in Urology, LLC 741 Northfield Avenue, Suite 206 West Orange, New Jersey 07052 By using this website, you agree to the privacy notice as

More information

Medical Liability Insurance Related Problems and Damages in Medical Malpractice Lawsuits Stephen Ballantine

Medical Liability Insurance Related Problems and Damages in Medical Malpractice Lawsuits Stephen Ballantine Medical Liability Insurance Related Problems and Damages in Medical Malpractice Lawsuits Stephen Ballantine 3 rd Arab Conference on Medical Liability Workshop 12 November 2014 1 INTRODUCTION 1. Objectives

More information

HIPAA PRIVACY NOTICE PLEASE REVIEW IT CAREFULLY

HIPAA PRIVACY NOTICE PLEASE REVIEW IT CAREFULLY HIPAA PRIVACY NOTICE THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. INTRODUCTION PLEASE REVIEW IT CAREFULLY Moriarty

More information

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION

FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION Aaron L. Sherriff FIRE ON THE ICE: RECENT DEVELOPMENTS IN THE LAW OF NEGLIGENCE REGARDING CAUSATION 2 Aaron L. Sherriff TABLE OF CONTENTS I. THE CGL POLICY... 3 II. NEGLIGENCE... 3 III. MR. HANKE... 4

More information

Index. British Columbia Court of Appeal 80, 130, 164, 177 British Columbia Supreme Court 78 but for test 3, 5, 44. Canada Alberta Supreme Court 41, 79

Index. British Columbia Court of Appeal 80, 130, 164, 177 British Columbia Supreme Court 78 but for test 3, 5, 44. Canada Alberta Supreme Court 41, 79 Index abnormality. see normality; reasonableness test absence of tests 6 7, 259 accident insurance policies 143 4 accidental shootings dangerous chattels and substances 237 8 intervening conduct of children

More information

Clinical negligence. Grounds

Clinical negligence. Grounds Clinical negligence Clinical negligence occurs when the care or treatment the Claimant received from a health service provider was below the standard that is expected. This test was established in the

More information

PROFESSIONAL NEGLIGENCE UPDATE. by John Walmsley

PROFESSIONAL NEGLIGENCE UPDATE. by John Walmsley PROFESSIONAL NEGLIGENCE UPDATE by John Walmsley 1 2 3 1. Negligence: Basics The tort of negligence has three basic requirements which must be proved by the claimant on a balance of probabilities, namely

More information

PUBLIC LAW 105 19 JUNE 18, 1997 VOLUNTEER PROTECTION ACT OF 1997

PUBLIC LAW 105 19 JUNE 18, 1997 VOLUNTEER PROTECTION ACT OF 1997 VOLUNTEER PROTECTION ACT OF 1997 111 STAT. 218 PUBLIC LAW 105 19 JUNE 18, 1997 June 18, 1997 [S. 543] Volunteer Protection Act of 1997. 42 USC 14501 note. 42 USC 14501. Public Law 105 19 105th Congress

More information

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013

2013 IL App (3d) 120130-U. Order filed September 23, 2013 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2013 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1). 2013 IL App (3d) 120130-U Order

More information

MEDICAL NEGLIGENCE. Michael A. Jones B.A., LL.M., Ph.D.,

MEDICAL NEGLIGENCE. Michael A. Jones B.A., LL.M., Ph.D., MEDICAL NEGLIGENCE by Michael A. Jones B.A., LL.M., Ph.D., Solicitor of the Supreme Court Professor of Common Law ofth.e University of Liverpool Contributing Editor: - Muiris Lyons, LL.B., LL.M. Solicitor

More information

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others. NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES.

More information

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200

Disease/Illness GUIDE TO PLEURAL PLAQUES. What are Pleural Plaques? www.simpsonmillar.co.uk Telephone 0844 858 3200 GUIDE TO PLEURAL PLAQUES What are Pleural Plaques? The most common injury caused by asbestos exposure is pleural plaques, which appear as white or yellow thickening on the pleura. They often appear frequently

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

More information

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation

Province of Alberta LIMITATIONS ACT. Revised Statutes of Alberta 2000 Chapter L-12. Current as of December 17, 2014. Office Consolidation Province of Alberta LIMITATIONS ACT Revised Statutes of Alberta 2000 Current as of December 17, 2014 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 5 th Floor, Park Plaza

More information

HIPAA HITECH PA Physician Practices

HIPAA HITECH PA Physician Practices NOTICE OF PRIVACY PRACTICES Premier Urology Associates LLC dba Urology Care Alliance SUMMARY Effective Date: 12/20/2012 WHAT IS THIS NOTICE FOR? This Notice of Privacy Practices (Notice) describes how

More information

Cooper Hurley Injury Lawyers

Cooper Hurley Injury Lawyers Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014

More information

LEGAL CONSIDERATIONS FOR NOSOCOMIAL INFECTIONS

LEGAL CONSIDERATIONS FOR NOSOCOMIAL INFECTIONS LEGAL CONSIDERATIONS FOR NOSOCOMIAL INFECTIONS William C. Collier, Esq., CIH 795 Alamo Drive #103 Vacaville, CA 95688 (707) 446-4764 E-mail: kmcdbc@earthlink.net May 11, 2004 AIHCE 2004 DISCLAIMER AIHA

More information

Legal Research Record

Legal Research Record Legal Research Record Summary of problem(s) Design and Dress Limited (DDL) has experienced problems due to the alleged harassment of one of their employees, Susie Baker, by another employee, Stephen Harding

More information

Professional Roles in Nursing Practice. Legal and Ethical Principles and Values

Professional Roles in Nursing Practice. Legal and Ethical Principles and Values Professional Roles in Nursing Practice Legal and Ethical Principles and Values Introduction Professional nursing has expanded rapidly within the past few years to include increased expertise, specialization,

More information

Employers Liability and Workers Compensation Questionnaire

Employers Liability and Workers Compensation Questionnaire Employers Liability and Workers Compensation Questionnaire [Reports should be structured according to the numbered headings below. Items designated by bullet points need not be addressed in separate subheadings,

More information

RESPONSIBILITY, COMPENSATION AND ACCIDENT LAW REFORM

RESPONSIBILITY, COMPENSATION AND ACCIDENT LAW REFORM RESPONSIBILITY, COMPENSATION AND ACCIDENT LAW REFORM Nicole A Vincent Discipline of Philosophy University of Adelaide South Australia Submitted for the degree of Doctor of Philosophy in April 2006 TABLE

More information

Bank Recovery and Resolution. Sven Schelo. 01 Wolters Kluwer Law & Business

Bank Recovery and Resolution. Sven Schelo. 01 Wolters Kluwer Law & Business Bank Recovery and Resolution Sven Schelo 01 Wolters Kluwer Law & Business Foreword Preface List of Abbreviations xiii xv xvii CHARTER 1 Bank Business 1 1.01 Evolution of Size and Shape of Banks 1 1.02

More information

July 2015. New Limitation of Actions Act. Q&A p. 1-10 Transition Rules p. 11 Table of Concordance p. 12

July 2015. New Limitation of Actions Act. Q&A p. 1-10 Transition Rules p. 11 Table of Concordance p. 12 July 2015 New Limitation of Actions Act Q&A p. 1-10 Transition Rules p. 11 Table of Concordance p. 12 1 Questions and Answers For the Questions and Answers For the New Limitation of Actions Act While the

More information

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012

Products Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012 Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»

More information

Causation for nursing

Causation for nursing Causation for nursing Abstract This article considers the application of the tests of factual and legal causation to cases of medical negligence. It is argued that in light of the recent development of

More information

2 Summary of California Law (10th), Insurance

2 Summary of California Law (10th), Insurance 2 Summary of California Law (10th), Insurance I. INTRODUCTION A. Generally. 1. [ 1] In General. 2. [ 2] Commentary and Practice Works. 3. [ 3] Classes of Insurance. 4. [ 4] Insurer's Rights of Subrogation,

More information

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions

A&E Briefings. Indemnification Clauses: Uninsurable Contractual Liability. Structuring risk management solutions A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged

More information

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN

NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN NEW MEXICO SELF-INSURERS' FUND WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY PLAN In return for the payment of the premium and subject to all terms of this Policy, we agree with you as follows. GENERAL

More information

Civil Justice for Victims of Crime in England and Wales

Civil Justice for Victims of Crime in England and Wales This booklet was published with the generous support of Warren Collins Birmingham, Bristol, Cardiff, Newcastle, Lancaster, Leeds, London, Manchester, Sheffield and Wimbledon. www.simpsonmillar.co.uk Telephone:

More information

COMMERCIAL PROFESSIONAL LIABILITY COVERAGE FORM

COMMERCIAL PROFESSIONAL LIABILITY COVERAGE FORM COMMERCIAL PROFESSIONAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout

More information

Technical claims brief

Technical claims brief QBE European Operations Technical claims brief Monthly update January/February 2014 Technical claims brief Monthly update January/February 2014 Contents Legislation 1 Mesothelioma Bill passes at report

More information

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk.

many activities to be undertaken that would not otherwise take place, and is an effective mechanism for pooling and transferring risk. 9 March 2015 Royal Commission into Institutional Responses to Child Sexual Abuse Submitted by email: redress@childabuseroyalcommission.gov.au Dear Sir/Madam CONSULTATION PAPER: REDRESS AND CIVIL LITIGATION

More information

Why Obtain Student Medical Malpractice Insurance?

Why Obtain Student Medical Malpractice Insurance? Why Obtain Student Medical Malpractice Insurance? Important Notice & Disclaimer Please Read! This presentation is for use by Western Washington University (WWU) students only. Neither WWU, nor any officer,

More information

CHAPTER 7 NURSING LIABILITY INSURANCE

CHAPTER 7 NURSING LIABILITY INSURANCE CHAPTER 7 NURSING LIABILITY INSURANCE We have all read many articles on and heard seminar speakers advocate why nurses should not buy professional liability insurance. However, in our opinion, there are

More information

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS

APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS APPENDIX B: RECOMMENDATIONS TO BE IMPLEMENTED ON A NATIONALLY CONSISTENT BASIS Implementation of the Panel's Recommendations A national response Recommendation 1 The Panel's recommendations should be incorporated

More information

Sample Tort Law Problem Question

Sample Tort Law Problem Question Sample Tort Law Problem Question UniCramNotes.com Copyright UniCramNotes.com 2010 Page 1 Sample Tort Law Problem Question Whether Autumn Bay High and Johnny owe a duty of care to Persephone and Aphrodite.

More information

NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13

NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13 NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13 General Rule on Duty What is a duty? A duty is an obligation or a requirement to conform to a standard of conduct prescribed by law. Consider the following questions.

More information

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS LAST REVISED BY: Alexander Lesyk SCHOOL OF BUSINESS AND LIBERAL ARTS MARCH 2015

More information

Negligence and Damages Bill

Negligence and Damages Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by Andy McDonald, are published separately as Bill 76 EN. Bill 76 6/1 CONTENTS PART 1 PYSCHIATRIC INJURY 1 Close tie (duty of care) 2 Close tie

More information

Public Liability Insurance

Public Liability Insurance Public Liability Insurance Canoeing Ireland provides Public Liability Insurance (also referred to as Third Party Liability Insurance) for individuals registered with Canoeing Ireland against liability

More information

The following is an excerpt from the 2012 Manual on Town Government. LIABILITY

The following is an excerpt from the 2012 Manual on Town Government. LIABILITY Minnesota Association of Townships Document Number: RM1000 Information Library Revised: January 2012 The following is an excerpt from the 2012 Manual on Town Government. LIABILITY Any discussion of a town

More information

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation

Supreme Court delivers judgment in the Employers' Liability Trigger Litigation Supreme Court delivers judgment in the Employers' Liability Trigger Litigation On 28th March 2012, the Supreme Court handed down judgment in BAI (Run Off) Limited v Durham [2012] UKSC 14, the test-cases

More information

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes

WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS. B. Industrial Revolution and Workers Compensation Statutes I. HISTORICAL BACKGROUND A. Common Law WORKERS COMPENSATION SUBROGATION AND THIRD PARTY SETTLEMENTS Before the advent of workers compensation statutes, the only protection afforded to victims of work place

More information

Dedication...V Contents... IX Abbreviations... XVII

Dedication...V Contents... IX Abbreviations... XVII Contents Dedication...V Contents... IX Abbreviations... XVII 1. The history and legislative framework of marine insurance...1 1.1. Historical and policy reasons behind the various English statutes...1

More information

ADULT REGISTRATION FORM. Last Name First Name Middle Initial. Date of Birth Age Identified Gender. Street Address. City State Zip Code

ADULT REGISTRATION FORM. Last Name First Name Middle Initial. Date of Birth Age Identified Gender. Street Address. City State Zip Code ADULT REGISTRATION FORM Last Name First Name Middle Initial Date of Birth Age Identified Gender Street Address City State Zip Code Home Phone Cell Phone FINANCIALLY RESPONSIBLE PARTY (If different from

More information

Patti Levin, LICSW, Psy.D. Clinical Psychologist

Patti Levin, LICSW, Psy.D. Clinical Psychologist Patti Levin, LICSW, Psy.D. Clinical Psychologist 673 Boylston St. #4. 617.227.2008 Boston, MA02116 fax: 617.247.7523 www.drpattilevin.com email:patti@drpattilevin.com Notice of Privacy Practices (HIPAA)

More information

First Year Law Intensive June 2015. Doctrine of Precedent

First Year Law Intensive June 2015. Doctrine of Precedent First Year Law Intensive June 2015 Doctrine of Precedent Australian Legal System Australian legal system is a common law system. Australian legal system is a federation. Australian legal system is a parliamentary,

More information

CPA Australia Professional Indemnity Policy For members providing pro-bono or voluntary accounting services in the community

CPA Australia Professional Indemnity Policy For members providing pro-bono or voluntary accounting services in the community CPA Australia Professional Indemnity Policy For members providing pro-bono or voluntary accounting services in the community Frequently Asked Questions These frequently asked questions support the global

More information

Directors and Officers Liability Insurance

Directors and Officers Liability Insurance Directors and Officers Liability Insurance New Zealand Proposal form Completing the Proposal form 1. This application must be completed in full including all required attachments. 2. If more space is needed

More information

VI. DIRECTORS AND OFFICERS COVERAGE

VI. DIRECTORS AND OFFICERS COVERAGE VI. DIRECTORS AND OFFICERS COVERAGE Entertainment & Sports Insurance Experts, Inc. 2727 Paces Ferry Road Building Two, Suite 1500 Atlanta, GA 30339 Phone: 678-324-3300 Fax: 678-324-3303 2015-2016 Season

More information

The Modern Law of Negligence

The Modern Law of Negligence The Modern Law of Negligence Third Edition RABuckleyMA,DPhil of Lincoln's Inn, Barrister Professor of Law, University of Reading Butterworths London, Dublin, Edinburgh 1999 Contents Preface to the third

More information

Australian Product Liability Trends: Class Actions & Litigation Funding

Australian Product Liability Trends: Class Actions & Litigation Funding Australian Product Liability Trends: Class Actions & Litigation Funding By Annette Hughes, Partner, and Christie Jones, Lawyer Corrs Chambers Westgarth A lively class action market The Australian Federal

More information

What kind of Employment Injury Benefits Convention does the Modern Society Need?

What kind of Employment Injury Benefits Convention does the Modern Society Need? What kind of Employment Injury Benefits Convention does the Modern Society Need? ILO Employment Injury Benefits Convention (C121) Adopted in July 1964 Protects EMPLOYEES Time changes! Full-time employees?

More information

COUNCIL OF EUROPE COMMITTEE OF MINISTERS

COUNCIL OF EUROPE COMMITTEE OF MINISTERS COUNCIL OF EUROPE COMMITTEE OF MINISTERS Recommendation Rec(2006)8 of the Committee of Ministers to member states on assistance to crime victims (Adopted by the Committee of Ministers on 14 June 2006 at

More information

Guidance for the Healthcare Community Concerning Section 304 of the Homeland Security Act

Guidance for the Healthcare Community Concerning Section 304 of the Homeland Security Act Guidance for the Healthcare Community Concerning Section 304 of the Homeland Security Act Manufacturers of smallpox vaccine and those healthcare entities under whose auspices the vaccine would be administered

More information

Unintentional Torts - Definitions

Unintentional Torts - Definitions Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.

More information

INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF UNDERSTANDING

INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF UNDERSTANDING INTERNATIONAL EMERGENCY MANAGEMENT ASSISTANCE MEMORANDUM OF UNDERSTANDING This document follows from Resolution 23-5 resolved at the 23rd Annual Conference of New England Governors and Eastern Canadian

More information

Professional Indemnity Insurance Specialist Supplier Presentation

Professional Indemnity Insurance Specialist Supplier Presentation Bespoke Ready-Mix insurance Professional Indemnity Insurance Specialist Supplier Presentation EXCLUSIVE FOR MEMBERS OF THE SOUTHERN AFRICAN READY MIX ASSOCIATION ("SARMA") So what is a Professional Indemnity

More information

AUSTRALIAN CLINICAL PSYCHOLOGY ASSOCIATION CODE OF PROFESSIONAL ETHICS

AUSTRALIAN CLINICAL PSYCHOLOGY ASSOCIATION CODE OF PROFESSIONAL ETHICS AUSTRALIAN CLINICAL PSYCHOLOGY ASSOCIATION CODE OF PROFESSIONAL ETHICS Purpose This Code of Professional Ethics provides principles and guidelines that should be observed by all members of the Australian

More information

COMPENSATION FOR PERSONAL INJURIES

COMPENSATION FOR PERSONAL INJURIES COMPENSATION FOR PERSONAL INJURIES First Edition Peter Barrie MA Barrister, Recorder OXFORD UNIVERSITY PRESS Preface Acknowledgments v vi Table of cases xv Table of Statutes xxiii Table of rules, practice

More information

This is the author s version of a work that was submitted/accepted for publication in the following source:

This is the author s version of a work that was submitted/accepted for publication in the following source: This is the author s version of a work that was submitted/accepted for publication in the following source: Stickley, Amanda P. (2012) Long term exposure to asbestos satisfies test for causation. Queensland

More information

Chapter 7 Tort Law and Product Liability

Chapter 7 Tort Law and Product Liability Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability

More information

Schneps, Leila; Colmez, Coralie. Math on Trial : How Numbers Get Used and Abused in the Courtroom. New York, NY, USA: Basic Books, 2013. p i.

Schneps, Leila; Colmez, Coralie. Math on Trial : How Numbers Get Used and Abused in the Courtroom. New York, NY, USA: Basic Books, 2013. p i. New York, NY, USA: Basic Books, 2013. p i. http://site.ebrary.com/lib/mcgill/doc?id=10665296&ppg=2 New York, NY, USA: Basic Books, 2013. p ii. http://site.ebrary.com/lib/mcgill/doc?id=10665296&ppg=3 New

More information

Individual supplementary health insurance

Individual supplementary health insurance Individual supplementary health insurance General Insurance Conditions (AVB-E) Version 2008 All references to persons in this document apply to both genders. Table of contents I General 2 Art. 1 Scope

More information

PERSONAL INJURY LITIGATION

PERSONAL INJURY LITIGATION PERSONAL INJURY LITIGATION Accidents at Work Industrial Disease Public/Occupiers Liability Clinical Negligence Republic of Ireland Claims Holiday Claims LEGISLATION Health and Safety at Work (NI) Order

More information

Standard Terms & Conditions for Supply of Software Development Services

Standard Terms & Conditions for Supply of Software Development Services Sell your Products Online and Web by Numbers are brands of Web by Numbers Ltd (hereinafter referred to as Web by Numbers ) Standard Terms & Conditions for Supply of Software Development Services These

More information

LawCover. Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01

LawCover. Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01 LawCover Professional Indemnity Insurance Policy 2009/2010 116693148 \ 0421663 \ AZO01 This Policy sets out the conditions on which we agree to insure you. When reading this Policy, please note the use

More information

QBE European Operations Professional practices update

QBE European Operations Professional practices update QBE European Operations Professional practices update Claims against solicitors - a checklist QBE Professional practices update - Claims against Solicitors - a checklist/jan 2013 1 Claims against solicitors

More information