TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Tuesday, October 20, 2020

Ginsberg on Palsgraf and Med Mal

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.

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