Publication Type
Journal Article
Version
acceptedVersion
Publication Date
12-2021
Abstract
The tort of negligence has evolved into a sophisticated and calibrated framework. Even then, aspects of this elaborate structure are constantly being tweaked and, sometimes, challenged. Most recently, in the UKSC decision of Khan v Meadows, the spotlight is thrown on scope of duty analysis against the challenging backdrop of medical negligence and unwanted birth defects. The judgment of the majority suggests there is more that needs to be considered at the stage of damages, and that the sequential framework of negligence may benefit from some rearrangement.
Keywords
Birth defects, counterfactual analysis, medical negligence, negligence framework, scope of duty
Discipline
Asian Studies | Medical Jurisprudence
Research Areas
Public Interest Law, Community and Social Justice
Publication
Singapore Law Gazette
First Page
1
Last Page
12
ISSN
1019-942X
Publisher
LexisNexis Asia Pacific
Citation
LOW, Kee Yang and CHIA, Jordan Ting Xuan.
Scope of duty, counterfactual analysis and birth defects: The challenging case of Khan v Meadows. (2021). Singapore Law Gazette. 1-12.
Available at: https://ink.library.smu.edu.sg/sol_research/4040
Copyright Owner and License
Authors
Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.
Additional URL
https://lawgazette.com.sg/feature/scope-of-duty-counterfactual-analysis-and-birth-defects/