Sessions Information

  • January 4, 2019
    1:30 pm - 3:15 pm
    Session Type: Section Programs
    Session Capacity: N/A
    Hotel: Hilton New Orleans Riverside
    Room: Grand Salon Section 16
    Floor: First Floor


    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.

Session Speakers
Organization: University of Louisville, Louis D. Brandeis School of Law
Speaker

Organization: Loyola University Chicago School of Law
Speaker

Organization: University of California, Irvine School of Law
Introduction of Section Award Winner

Organization: University of Nevada, Las Vegas, William S. Boyd School of Law
Moderator

Organization: University of Georgia School of Law
Speaker

Organization: University of Nevada, Las Vegas, William S. Boyd School of Law
Speaker

Session Fees
  • [4500] Torts and Compensation Systems, Co-Sponsored by Law, Medicine and Health Care - Tort Law and Health Law: Intersections and Opportunities: $0.00