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1994

Torts

Negligence

Articles 1 - 5 of 5

Full-Text Articles in Law

Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis Sep 1994

Guns For Hire, Commercial Speech And Tort Liability: Making A Case For Preserving First Amendment Free Speech Rights, Stephen T. Raptis

West Virginia Law Review

No abstract provided.

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A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine Jan 1994

A New Predicament For Physicians: The Concept Of Medical Futility, The Physician's Obligation To Render Inappropriate Treatment, And The Interplay Of The Medical Standard Of Care, Eric M. Levine

Journal of Law and Health

Part II of this article discusses the concept of futility and reviews various proposed approaches to defining "futility". This article then shows how personal value judgments play an integral part in determining futility under virtually all of these approaches. Part II concludes that a decision that treatment is futile should not be based on the individual values of only the patient or physician under the shared decisionmaking model of the physician-patient relationship. Part III tackles the issue whether a physician must offer or continue treatment deemed "medically and ethically inappropriate." Part III first reviews common law doctrines governing the physician-patient …

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Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme Jan 1994

Comments To The Reporters And Selected Members Of The Consultative Group, Restatement Of Torts (Third): Products Liability, Howard C. Klemme

Publications

No abstract provided.

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Discontinuities, Causation, And Grady's Uncertainty Theorem, Stephen G. Marks Jan 1994

Discontinuities, Causation, And Grady's Uncertainty Theorem, Stephen G. Marks

Faculty Scholarship

In a series of articles, Mark Grady considers the problem of discontinuity under a tort negligence regime. The discontinuity can be described as follows. A potential injurer who adopts the optimal level of precaution is completely shielded from liability under the negligence system even though accidents occur. A very small decrease in the level of precaution below the optimal level suddenly exposes the potential injurer to liability for those accidents. This discontinuity makes the expected cost of under-investment in precaution greater than the expected cost of overinvestment. In a world where there is uncertainty about the optimal level of precaution …

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Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan Jan 1994

Apportioning Liability To Nonparties In Kentucky Tort Actions: A Natural Extension Of Comparative Fault Or A Phantom Scapegoat For Negligent Defendants?, Julie O'Daniel Mcclellan

Kentucky Law Journal

No abstract provided.

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