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Full-Text Articles in Law
Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange
Help Me, Help You: What You Should Know Before You Ask For Help, Meredith A.G. Stange
College of Law Faculty Publications
I got an email the other day from a student who was having some difficulty writing his arguments. The student wrote that he kept rewriting his arguments in response to my comments but that he still had not been able to get them written satisfactorily. I could tell the student was frustrated and I could also tell that, for the moment, at least, I was the target of that frustration. Essentially, the student was telling me that he had changed things in accordance with my comments, but I still was not happy. Having been teaching for fifteen years, the frustration …
No More Chances For Lost Chances: A Weinribian Response To Weinrib, Nayha Acharya
No More Chances For Lost Chances: A Weinribian Response To Weinrib, Nayha Acharya
Articles, Book Chapters, & Popular Press
Sometimes, patients who were negligently misdiagnosed by their doctors are unable to receive any compensation through tort litigation. This has led to a perception of unfairness, igniting arguments in favour of what is known as the “loss of chance” doctrine. Under this doctrine, patients would be able to claim damages for the lost chances of recovery that they suffered due to negligent misdiagnoses. British and Canadian courts have rejected this doctrine in the medical negligence context on the basis that it does not cohere with tort law principles of injury compensation. Professor Ernest Weinrib, in “Causal Uncertainty” (2016) 36:1 Oxford …