Torts and Compensation: Personal Accountability and Social Responsibility for InjuryUpdated to incorporate many recently decided cases and current issues, this easy-to-use doctrinal favorite emphasizes both personal injury torts, including civil rights torts, and non-tort systems of compensation, including social security and workers' compensation. The casebook contains chapters on products liability, current medical malpractice (including a section on nursing home liability), and economic and dignitary torts, such as defamation, privacy, and fraud. Using cases and notes that ask for thoughtful analysis and synthesis, the book presents basic concepts such as duty, negligence, cause, scope of risk, and comparative responsibility; it also investigates current issues, including tort reform and apportionment of responsibility. |
From inside the book
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Page 96
... patient's consent , may be brought as battery actions . In contrast , true ' informed consent ' claims , i.e. , those involving the doctor's obligation to provide information , must be brought as negligence actions . " While some courts ...
... patient's consent , may be brought as battery actions . In contrast , true ' informed consent ' claims , i.e. , those involving the doctor's obligation to provide information , must be brought as negligence actions . " While some courts ...
Page 411
... patient may be difficult . The remotely possible risks of a proposed treatment may be almost without limit . The patient's right to know must be harmonized with the recognition that an undue burden should not be placed on the physician ...
... patient may be difficult . The remotely possible risks of a proposed treatment may be almost without limit . The patient's right to know must be harmonized with the recognition that an undue burden should not be placed on the physician ...
Page 547
... patient , but also to his patient's would - be victim and is subject in both respects to scrutiny by judge and jury . " ... The risk that unnecessary warnings may be given is a reasonable price to pay for the lives of possible victims ...
... patient , but also to his patient's would - be victim and is subject in both respects to scrutiny by judge and jury . " ... The risk that unnecessary warnings may be given is a reasonable price to pay for the lives of possible victims ...
Contents
PREFACE | xxxv |
Aims Approaches and Processes | 2 |
b Applying Some Approaches | 9 |
Copyright | |
107 other sections not shown
Common terms and phrases
abuse accident affirmed alleged appeal apply battery but-for Cal.Rptr Cal.Rptr.2d causation cause of action child circumstances claim common law comparative fault comparative negligence condition conduct consent contributory negligence Corp created damages danger decision defendant defendant's negligence directed verdict Dist DOBBS ON TORTS doctor doctrine driving duty duty of care emergency employees evidence exercise factors failed federal fire foreseeable Gladon guest statutes harm held hospital Ill.Dec immunity inference injury instruction intervening cause invitee involved issue jury justice landowner lawyers liability medical malpractice negligence per se Notes nursing home operation ordinary owed patient physician plaintiff protect proximate cause reasonable person recover recovery res ipsa loquitur Restatement Second result S.Ct safety sexual standard statute of limitations statutory struck sued suffered suit summary judgment superseding cause Suppose testified tion tort law tortfeasor treatment trespasser trial court trial judge violation