Advanced Torts

LAW

7181

Advanced Torts

This course will cover products liability and medical malpractice as they relate to women's health, particularly their reproductive health. Theories of liability based in tort for harm caused by products and medical malpractice will be examined in detail. Particularly thorny issues in products liability and medical malpractice litigation, such as the connection between scientific evidence and the proof of causation and harm, will be addressed. The doctrinal content of the course will be studied in the context of the law's relationship to the social and economic demands of the market economy. To place the effects of products and medical malpractice on women's lives in context, the course will employ methodological techniques emerging from feminist jurisprudence, such as the use of personal narrative. For example, when studying the development of legal theories of liability for diethylsibestrol (DES), we will read and discuss the personal experiences of women who have suffered the harmful effects of this product. A sample of other products that will be covered in class are, The Dalkon Shield intrauterine device and tobacco. A sample of the medical malpractice cases includes sterilization abuse and prescriptions for birth control pharmaceuticals and devices.

Fall, Spring

Law

No