Wednesday, January 29, 2014
Recently the New York Court of Appeals rejected medical monitoring. Behrens and Appel approve:
The New York Court of Appeals reached the right conclusion. For over 200 years, one of the fundamental principles of tort law has been that a plaintiff cannot recover without proof of a physical injury. This bright-line rule may seem harsh in some cases, but it is the best filter courts have developed to prevent a flood of claims, provide faster access to courts for those with reliable and serious claims, and ensure that the sick will not have to compete with the nonsick for compensation.
The full op-ed (behind a pay wall) is here.