Development of Medical Liability

Doctors have been held liable for harm to their patients since at least the 14th century. But the period since 1850 marks a significant change. Could private law adapt?

What changed? First, doctors became more professional. By the late 19th century, there was a clearly identifiable profession with training requirements, professional standards and discipline.

Secondly, doctors were expected to do better in treating their patients. Medical advances made possible better treatments – patients expected to get better in more cases, so they complained more frequently when they did not.

Thirdly, sophisticated treatment required more sophisticated institutions, such as hospitals, where more people would be treating the patient. Patients were more likely to sue hospitals as organisations, rather than specific doctors.

Fourthly, medical advances enabled badly injured patients to survive, and so they needed larger sums by way of damages to care for them during the rest of their lives.