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Full-Text Articles in Law
Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr.
Breaking Down The Boundaries Of Malpractice Law, Philip G. Peters Jr.
Missouri Law Review
Historically, courts have treated professional malpractice cases as unique. When disputes that would otherwise have been governed by tort rules of general application have arisen in the context of medical treatment, courts have routinely constructed special rules for the resolution of those disputes. Recent evidence suggests that this penchant for special rules may be weakening and that malpractice law may be slowly melting back into the sea of tort doctrine. The three Missouri health care la cases noted in this issue are the latest evidence that courts today are more willing to resolve medical negligence actions using tort rules of …
Could Somebody Call A Doctor--On-Call Physicians And The Duty To Treat, Jane Drummond
Could Somebody Call A Doctor--On-Call Physicians And The Duty To Treat, Jane Drummond
Missouri Law Review
The law of negligence imposes few affirmative duties on actors in society. In the medical profession specifically, negligence law traditionally contains no requirement that a physician provide medical treatment to those in need absent an existing relationship between the doctor and patient. Yet there has long been the sense that doctors owe a higher duty to the public, and courts are finding ways to redefine the doctor-patient relationship to allow plaintiffs greater access to claims for a physician’s failure to render care. In Millard v. Corrado, the Missouri Court of Appeals for the Easter District of Missouri provides plaintiffs with …