Tuesday, October 20, 2020
Marc Ginsberg has posted to SSRN Palsgraf Meets Medicine: Physician Beware!--The Unidentified Non-Patient and the Duty of Care. The abstract provides:
This paper focuses on the intersection of proximate causation and physician liability. Specifically, the issue is this: should a physician be liable to an unidentified victim of a motor vehicle accident caused by a physician’s patient who was not warned to avoid driving due to a medical condition, prescription medication or procedure which may impair the patient’s driving ability? This paper surveys the jurisprudence of various states in search of the answer.