Book Review: Uncertain Causation in Medical Liability by Lara Khoury

Canadian Business Law Journal, Vol. 47, p. 145, 2008

8 Pages Posted: 24 Jul 2012

See all articles by Vaughan Black

Vaughan Black

Dalhousie University - Law School

Date Written: 2008

Abstract

Khoury has a plan for commanding the attention of decision makers. She is keenly aware that the field she investigates is one where courts have accorded slight attention to theory. She acknowledges early in her book that academic efforts to resolve the conundra of factual causation have only "played a minor role in their solution by the judiciary." She further correctly notes that "decades of theoretical effort have failed to prevent the emergence of practical problems in the demonstration and assessment of causation..." Indeed, she seems to waver between thinking that scholarship has merely been unsuccessful in commanding the attention of courts and the harsher assessment that academic efforts in this field have been demonstrably wrong, or at least have failed to produce satisfactory solutions even at the theoretical level. In any event, regardless of whether she views academic efforts in this area as unsuccessful or merely as ineffectual, Khoury certainly eschews any pretense of engaging at length with any of the theoretical offerings of her predecessors. She disclaims any attempt to "address and solve philosophical or theoretical issues related to causation.

Keywords: book review, Khoury, causation, medical liability

Suggested Citation

Black, Vaughan, Book Review: Uncertain Causation in Medical Liability by Lara Khoury (2008). Canadian Business Law Journal, Vol. 47, p. 145, 2008, Available at SSRN: https://ssrn.com/abstract=2116589

Vaughan Black (Contact Author)

Dalhousie University - Law School ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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