Duty, breach, causation and injury: These are the traditional elements of a tort claim. Thus, under customary theories, a tort is inchoate unless and until the plaintiff suffers actual injury. Faced with that quandary, plaintiffs have resorted to novel claims and theories. Chadbourne & Parke's Thomas Riley and Gina Ilardi describe recent decisions in cases involving claims for medical monitoring by courts in Mississippi, New Jersey and Oregon to illustrate different approaches to these claims.
Details here from Thomas E. Riley and Gina Ilardi, special to Law.com.