Negligent actions are common types of tort actions, including personal injury and medical malpractice claims. Negligence occurs when someone’s conduct falls below a “reasonable” standard of care, which means the level of care that an ordinary person would have exercised ...

Medical malpractice is the area of law that governs civil liability claims for harms caused by medical professionals while discharging their professional responsibilities. Most medical malpractice suits are based in negligence, in which a doctor or another health care professional ...

To sustain a medical malpractice action, the plaintiff must demonstrate negligence. This involves making the case that the physician failed to treat the plaintiff in accord with the customary care of physicians in that field of medicine. However, in addition, ...

The Duty of Care When a physician agrees to provide medical services to someone who seeks treatment, the physician assumes a duty of care to the patient. If the physician breaches the duty of care, and the patient suffers harm ...

Medical malpractice is the area of law that governs civil liability claims for harms caused by medical professionals while discharging their professional responsibilities. Most medical malpractice suits are based in negligence, in which a doctor or another health care professional ...

As we have seen in previous modules, nearly all mass torts are aggregated into Multidistrict Litigation or MDL cases.  Furthermore, nearly all MDL cases are resolved, when they do finally get resolved, by way of settlement.  The individual cases in ...

Although most mass tort actions are aggregated through multidistrict litigation procedures rather than class action lawsuits, there are still many ways in which class actions and the tools developed by class actions can be used to help resolve mass tort ...

Limitations on the use of class actions to resolve mass tort cases have meant that most mass tort actions today are compiled by Multidistrict Litigation, or “MDL” procedures.[1]  These procedures were established in 1968 when Congress enacted the statute now ...

The Nature of a Class Action In the federal courts, there are two methods to aggregate widespread harms from common sources: class action and multidistrict litigation.”[1] The primary difference between the two is that once a class action is certified consolidating ...

Traditionally, when we think of torts, we think of individualized wrongs one person commits against another. We might think of negligence — for example, someone who is driving too fast or carelessly causing an accident which injures people and property. ...