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Intentional torts claims in medical cases

Cockburn, Tina L. & Madden, Bill (2006) Intentional torts claims in medical cases. Journal of Law and Medicine, 13(3), pp. 311-3365.

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Abstract

Civil liability legislation enacted in each Australian jurisdiction following the Ipp Report recommendations created a clear divide between "Negligence" and "intentional" torts. The common law action for trespass to the person is to varying extents maintained in the approaches taken by the State and Territory legislatures. This article explores the potential application of intentional tort cliams in a medical context in light of recent case law. It identifies advantages for plaintiffs who plead intentional tort claims, including onus of proof, causation, remoteness, the quantum of compensatory damages and the availability of aggravated and exemplary damages.

Impact and interest:

1 citations in Scopus
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ID Code: 7917
Item Type: Journal Article
Additional Information: For more information, please contact the author: t.cockburn@qut.edu.au
ISSN: 1320-159X
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Law and Justice Research Centre
Current > Schools > School of Law
Copyright Owner: Copyright 2006 Thomson Legal and Regulatory
Deposited On: 30 May 2007
Last Modified: 29 Nov 2013 11:28

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