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Uncertain Causation in Medical Liability

Uncertain Causation in Medical Liability

Author: Lara Khoury
Publisher: Hart Publishing
ISBN: 9781841135175
Published In: July 2006
Format: Hardback , 256 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive.

Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof.

This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.

Contents:: Acknowledgements; Table of Cases; Introduction; Problems in the Proof of Causation; Flexibility; Reversal of the Burden of Proving Causation; Probabilistic aAssessment of Damages; Inferences of Causation; Final Analysis and Conclusion; Bibliography; Index;

Lara Khoury, LL.B (Sherb.) B.C.L. (Oxon.), D.Phil (Oxon.), Barrister and Solicitor, is an Assistant Professor of Law at McGill University, Canada.

Khoury's book expertly shows and explains the attempted solutions and their shortcomings with regard to medical liability…
Jens M. Scherpe
The Law Quarterly Review
October 2007- volume 123

This is a magisterial discussion of the complexities surrounding causal issues in medical negligence cases. It provides a detailed analysis of the courts' approach to these issues in England, Australia, Canada, France and Quebec. The scholarship is thorough and detailed. I could not find a single case or relevant article that was not referred to. The writing is clear and engaging. The reasoning is careful and deep. It is easy to see how the book won the Prix Minerve 2004.
Jonathan Herring
Legal Studies
Vol. 27, No. 4, December 2007

...thorough and informative..
Ken Oliphant
Yearbook of European Tort Law
2007

This book undertakes a very valuable project in a detailed and thoughtful way…The comparative focus is undoubtedly a strength of the book...it is hard to imagine that anyone would fail to learn something useful from the analysis.
Jenny Steele
King's Law Journal
Vol 19, Issue 1, 2008

...Lara Khoury's book will provide lawyers with valuable guidance on proof of causation in such cases.
Harold Luntz
Torts Law Journal
2008

...Khoury has made an interesting contribution to the never-ending academic dissection of this issue...
Vaughan Black
Canadian Business Law Journal
Vol 47