Lapses of attention in medical malpractice and road accidents /

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Bibliographic Details
Author / Creator:	Cooter, Robert, author.
Imprint:	[Chicago, Illinois] : Law School, University of Chicago, 2014.
Description:	1 online resource (36 pages : illustrated)
Language:	English
Series:	Coase-Sandor Institute for Law and Economics working paper ; no. 690 (2d series) Coase-Sandor Institute for Law and Economics working paper ; no. 690.
Subject:	Negligence -- United States. Attention. Malpractice -- United States. Liability for traffic accidents -- United States. Attention. Liability for traffic accidents. Malpractice. Negligence. United States.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/10082632

Hidden Bibliographic Details
Other authors / contributors:	Porat, Ariel, author.
Notes:	"June 2014." Includes bibliographical references. Title from online title page (viewed September 29, 2014).
Summary:	"A doctor who lapses and injures her patient, and a driver who lapses and causes an accident, are liable under negligence law for the harm done. But lapse is not necessarily negligence, since reasonable people lapse from time to time. We show that tort liability for 'reasonable' lapses distorts doctors', drivers', and manufacturers' incentives to take care. Furthermore, such liability provides potential injurers with incentives to substitute activities which are less prone to lapses with activities which are more prone to lapses, even if such substitution is inefficient. We propose several solutions to the inefficiencies that result from liability for lapses, and argue that under certain circumstances injurers should be entitled to invoke a 'lapse defense'."

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