Intentional tort claims in medical cases
(2006) Intentional tort claims in medical cases. Journal of Law and Medicine 13(3):pp. 311-336.
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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.
| Item Type: | Journal Article |
|---|---|
| RM Number: | 2006003156 |
| Status: | Published |
| Subjects: | 390000 Law, Justice and Law Enforcement > 390100 Law > 390117 Tort Law |
| ID Code: | 7917 |
| Deposited By: | Cockburn, Tina |
| Deposited On: | 30 May 2007 |
| Alternative Locations: | http://www.thomson.com.au/catalogue/shopexd.asp?id=965#desc |
| Copyright Owner: | Copyright 2006 Thomson Legal & Regulatory |
| Additional Information: | For more information, please contact the author: t.cockburn@qut.edu.au |