This panel will explore the
bi-directional relationship between the fields of tort law and health law. The
influence of tort law on some basic aspects of health law is well known. For
example, tort law provides causes of action, privileges, and defenses on which
plaintiffs and defendants rely in traditional medical malpractice cases. This
panel will focus on some of the less obvious ties and relationships between the
fields, including the potential of tort law to perpetuate healthism (i.e.,
differential treatment based on health status) through various doctrines,
including the active versus passive distinction, contributory negligence,
assumption of the risk, and damages rules; the duty to warn of health care
providers; the availability of governmental immunity for public hospitals; and the
availability of assumption of the risk in cases in which patients select care
that falls outside the standard of care.
Business meeting at program conclusion.