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Doctrinal engagement and the demise of defensive practice argumentation in negligence: from magically convincing to empirically unconvincing?

Journal of Professional Negligence

Edited by:
Colm McGrath and Isabel Barter
Publisher:
Bloomsbury Professional
Publication Date:
September 2024
Vol.36 No.2 The Jaded Cliché of ‘Defensive Medical Practice’: From Magically Convincing to Empirically (Un)convincing? Re-contextualisation of defensive practice arguments in negligence Demise of defensive practice argumentation: no longer magically convincing? Judicial rebuttals of the defensive practice argument: the need to be empirically convincing? Rebuttal #1: ‘unproven’ Rebuttal #2: instinctual reaction – liability is ‘standard enhancing’ Rebuttal #3: Incompatibility of the ‘unproven’ and ‘standard enhancing’ rebuttals ...

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