Palsgraf Meets Medicine: Physician Beware! — The Unidentified Non-patient and the Duty of Care

72 Pages Posted: 15 Oct 2020 Last revised: 19 Oct 2020

See all articles by Marc Ginsberg

Marc Ginsberg

University of Illinois at Chicago - UIC School of Law

Date Written: October 8, 2020

Abstract

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.

Keywords: Tort Law, Law and Medicine, Negligence

Suggested Citation

Ginsberg, Marc, Palsgraf Meets Medicine: Physician Beware! — The Unidentified Non-patient and the Duty of Care (October 8, 2020). Suffolk University Law Review, Vol. 54, No. 1, 2021, Available at SSRN: https://ssrn.com/abstract=3707774 or http://dx.doi.org/10.2139/ssrn.3707774

Marc Ginsberg (Contact Author)

University of Illinois at Chicago - UIC School of Law ( email )

IL

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