Sunday, December 30, 2018
Stacey Tovino is concluding her term as Chair of the Torts and Compensation Systems Section. The program is as follows:
Start Date: 01/04/2019, 1:30 pm
End Date: 01/04/2019, 3:15 pm
Room: Grand Salon Section 16
Floor: First Floor
Hotel: Hilton New Orleans Riverside
Speaker: Mark A. Rothstein, University of Louisville, Louis D. Brandeis School of Law
Speaker: Nadia N. Sawicki, Loyola University Chicago School of Law
Moderator: Stacey A. Tovino, University of Nevada, Las Vegas, William S. Boyd School of Law
Speaker: Elizabeth Weeks, University of Georgia School of Law
Speaker: John Valery White, University of Nevada, Las Vegas, William S. Boyd School of Law
This panel will explore the bi-directional relationship between the fields of tort law and health law. The influence of tort law on some basic aspects of health law is well known. For example, tort law provides causes of action, privileges, and defenses on which plaintiffs and defendants rely in traditional medical malpractice cases. This panel will focus on some of the less obvious ties and relationships between the fields, including the potential of tort law to perpetuate healthism (i.e., differential treatment based on health status) through various doctrines, including the active versus passive distinction, contributory negligence, assumption of the risk, and damages rules; the duty to warn of health care providers; the availability of governmental immunity for public hospitals; and the availability of assumption of the risk in cases in which patients select care that falls outside the standard of care.
Business meeting at program conclusion.