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- Title
THE RESTATEMENT (THIRD) OF TORTS PROPOSES ABANDONING TORT LAW'S PRESENT INJURY REQUIREMENT TO ALLOW MEDICAL MONITORING CLAIMS: SHOULD COURTS FOLLOW?
- Authors
Schwartz, Victor E.; Appel, Christopher E.
- Abstract
The article discusses the controversy surrounding the proposed rule on medical monitoring in the Restatement (Third) of Torts. Critics argue that the rule goes against the common law and the mission of the American Law Institute (ALI) to restate existing law. The article also highlights the lack of consensus among states on medical monitoring claims and the challenges in creating a cohesive restatement. It presents arguments against allowing medical monitoring claims without a present injury, including concerns about unlimited liability and practical difficulties in determining monitoring costs. The article concludes that courts should reject the proposed approach.
- Subjects
TORTS; PATIENT monitoring; STATE laws; SUPREME Court justices (U.S.); LEGAL education; HAZARDOUS substance exposure; AMERICAN law
- Publication
Southwestern Law Review, 2024, Vol 52, Issue 3, p512
- ISSN
1944-3706
- Publication type
Article