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Full-Text Articles in Law
Resuscitating Hospital Enterprise Liability, Philip G. Peters Jr.
Resuscitating Hospital Enterprise Liability, Philip G. Peters Jr.
Missouri Law Review
Part I of this Article explains why existing malpractice law has failed to make patients safer. Part II then reviews the history of proposals for enterprise liability and the reasons those proposals were not adopted. Part III outlines my contention that hospital enterprise liability would revive the deterrent power of medical malpractice law. It also defends my claim that enterprise liability would align tort law with efforts of modem patient safety experts to reduce errors by focusing on system-wide improvement, rather than individual blame. Finally, it explains how this reform would advance the recommendations of health reformers who want to …
Medical Monitoring: Missouri's Welcomed Acceptance, Anita J. Patel
Medical Monitoring: Missouri's Welcomed Acceptance, Anita J. Patel
Missouri Law Review
One of the fundamental principles of tort law is that a plaintiff cannot recover without a present physical injury. As society evolved and latent injuries became more prevalent, tort law failed to provide relief because of its present injury requirement. The consequence of this gap in recovery meant that plaintiffs who were exposed to toxic chemicals but could not afford to undergo periodic testing to detect latent injuries would have to wait until the injury manifested itself in order for plaintiffs to bring claims for recovery. Unfortunately, this passage of time can have detrimental effects on the plaintiff and result …