Back to the 19th century, legal liability was restricted to actions, or actus reus, causing “direct and immediate injury to the person or damage to property as in a case of trespass”. (2) Beyond such liable action, most of damage raised u...
... middle of paper ...
...vers R. Litigation and the medical indemnity crisis. J Law Med. 2004 Nov;12(2):178-87.
40. Kessler DP, Summerton N, Graham JR. Effects of the medical liability system in Australia, the UK, and the USA. Lancet. 2006 Jul 15;368(9531):240-6.
41. Ipp DA, Australia. Dept. of the T. Review of the law of negligence: final report. Canberra: Commonwealth of Australia; 2002.
42. Derrington HD. Theory of negligence advanced in the High Court of Australia. The Australian Law Journal. 2004;78:595-611.
43. Sullivan v Moody (2001) 207 CLR 562
44. Kalokerinos v Burnet (1996) unreported, NSWCA, BC9600037.
45. Young v Central Aboriginal Congress Inc  NTSC 47.
46. Millenson ML. Pushing the profession: how the news media turned patient safety into a priority. Qual Saf Health Care. 2002 Mar;11(1):57-63.
47. Alcock v Chief Constable of South Yorkshire Police  AC 310.
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