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Articles 1 - 5 of 5
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 …
When Is A Teacher Or School Liable In Negligence?, Helen Newnham
When Is A Teacher Or School Liable In Negligence?, Helen Newnham
Australian Journal of Teacher Education
The law is increasing affecting the practice of education. The most likely reason a teacher or school will face legal action is in negligence where a student has been injured while under the school’s protection. This may occur in a variety of settings. To satisfy the elements of the tort of negligence the student who becomes in law the plaintiff must prove that a duty of care was owed, that the duty was breached, by not maintaining the appropriate standard and that the injury was a reasonably foreseeable consequence of that breach of duty. It would be rare for a …
Why I Do Not Teach Van Gorkom, Lawrence A. Hamermesh
Why I Do Not Teach Van Gorkom, Lawrence A. Hamermesh
Lawrence A. Hamermesh
No abstract provided.
Bitter Medicine: A Critical Look At The Mental Health Care Provider’S Duty To Warn In Texas, Charles E. Cantú, Margaret H. Jones Hopson
Bitter Medicine: A Critical Look At The Mental Health Care Provider’S Duty To Warn In Texas, Charles E. Cantú, Margaret H. Jones Hopson
Faculty Articles
A quarter of a century has passed since Tarasoff v. Regents of the University of California first imposed a duty of care upon mental health care professions for third parties. In Tarasoff, the California Supreme Court held that once a therapist determines, or reasonably should have determined, a patient poses a significant danger of violence to others, the therapist bears a duty to exercise reasonable care to protect the foreseeable victim from that danger.
Tarasoff has since been widely accepted by both legislatures and courts as the basis for imposing the duty of reasonable care upon mental health care professionals …