Question
As indicated in this chapter, the issue of risk allocation is a troublesome matter that the courts and legal scholars have grappled with over the
As indicated in this chapter, the issue of risk allocation is a troublesome matter that the courts and legal scholars have grappled with over the years. To help clarify the questions relating to risk allocation, consider the following hypothetical situation. After unsuccessfully administering Ritalin and several other drugs, as well as using counseling and behavior modification techniques, a psychologist resorts to giving lithium to Lisa, a hyperactive five-year-old who is violent toward others and self-destructive. Lisa's behavior becomes manageable once the dosage is adjusted; she is kept on the lithium for five years. As an adult, she is diagnosed as having severe, life-threatening liver damage that requires a liver transplant. The doctor traces the liver condition back to Lisa's ongoing lithium usage. Long-term studies indicate that lithium can cause liver damage, especially in children who have had protracted exposure to the drug. These studies were not available when Lisa was given the medication. Write out all the reasons supporting your belief that the psychologist should or should not be held liable for Lisa's damages. Be sure to include in your discussion public policy arguments you think are relevant.
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