Scope of duty, counterfactual analysis and birth defects: The challenging case of Khan v Meadows

Scope of duty, counterfactual analysis and birth defects: The challenging case of Khan v Meadows

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 t...

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Bibliographic Details
Main Authors: LOW, Kee Yang, CHIA, Jordan Ting Xuan
Format: text
Language:English
Published: Institutional Knowledge at Singapore Management University 2021
Subjects:
Birth defects
counterfactual analysis
medical negligence
negligence framework
scope of duty
Asian Studies
Medical Jurisprudence
Online Access:https://ink.library.smu.edu.sg/sol_research/4040
https://ink.library.smu.edu.sg/context/sol_research/article/5998/viewcontent/ScopeDuty_2021_av.pdf
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Institution: Singapore Management University
Language: English
Description
Summary: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.

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