be examined in this paper. The first issue to be examined is medical malpractice and the tort system. The medical malpractice and tort system makes up one of the major legal issues encountered by hospitals and health systems. Showalter (2012) states that with the decline of charitable immunity in the 1970s, healthcare was one of the areas impacted by personal injury law and was held liable for negligent acts. Today, malpractice continues to be a significant problem. Malpractice lawsuits are considered
set of torts, another lawsuit involving an identical situation to be resolved in the same manner as the first. The courts arrive at comparable rulings. The original jurisdiction means
Tort is a branch of private law that deals with civil wrong committed against an individual, including legal entities such as companies rather than the state. Tort law can be described as a body of obligations and remedies applied by courts in any civil proceeding to offer relieve to an individual who has just suffered emotional or physical harm as a result of the wrongful acts of others. In this case, the individual who suffers a personal injury is known as the plaintiff, while the person responsible
departmental policy may lead to internal discipline, it is not in itself enough reason to impose civil liability. However, in cases where officers go too far and violate the rights of citizens, the victim of misconduct is entitled to take action through federal and state laws. Civil rights laws protect citizens from abuse by government authorities and law enforcers. These laws allow attorney, compensatory and disciplinary damages as incentives to compensate injured parties and enforce their rights. According
potential risks that may be caused by the use of Chantix. Kline complained that the company should have announced the risks that may come with taking Chantix to him as an individual, his physician, and the public. Kline’s complaint contained several claims against Pfizer, including: negligence (Count I); strict liability (Count II); breach of express warranty (Count III); breach of implied warranty (Count IV); fraudulent misrepresentation (Count V); fraudulent concealment (Count VI); reckless and/or
It allowed federal and state judges, who were responding in their rightful positions, a protection to serve as a necessary purpose in the judicial system. The basic principle of judicial immunity materialized from English common law, along with the evolution of the
Do Medical Malpractice Costs Affect the Delivery of Healthcare? Medical malpractice occurs when a healthcare professional or provider deviates from standard of care and fails to provide appropriate treatment or take an appropriate action that causes harm, injury or death to a patient. Medical malpractice law makes it possible for patients to recover compensation for any harm due to the negligence of healthcare provider and to prevent providers from practicing negligence (Kessler, 2011). Medical malpractice
Medical malpractice is a specific subset of tort law that deals with professional negligence. “Tort” is the Norman word for “wrong,” and tort law is a body of law that creates and provides remedies for civil wrongs that are distinct from contractual duties or criminal wrongs. “Negligence” is generally defined as conduct that falls short of a standard; the most commonly used standard in tort law is that of a so-called “reasonable person.” The reasonable person standard
safety laws? Rule “The Federal Food, Drug and Cosmetic Act (FDCA) establishes standards to prohibit misleading labeling.” (Gresham, 2013) “The FDCA also requires that manufacturers of drugs gain approval from the Food and Drug Administration (FDA) prior to engaging in interstate commerce.” (Gresham, 2013) Any new drug is submitted under a New-Drug Application (NDA) for approval. The Hatch-Waxman Act was created for generic drugs. In addition, under the Hatch-Waxman Act
there are especial occasion when the government is able to be sued. The Federal Tort and Claims Act (FTCA) allows the government to be sued by rendering the government liable in tort for any negligent or wrongful act in the same manner as a private individual under like circumstances (Starling, 2009). On the other hand, official immunity refers to the doctrine that prohibits individuals to file suits to federal employees for an act performed within the “outer perimeter” of his or her line of duty (Starling
court system is divided into Federal Courts and State Courts. Each hears different type of cases; neither is completely different of the other. The Constitution of the United States gives powers to the federal courts and reserves the rest for the state. FEDERAL COURTS SYSTEM The Federal Courts system handles legal issues expressly. Federal Courts make decisions which involve the issues of U.S Constitution, treaties, federal statutes and federal commerce. The federal judicial system originates from
beneficial as possible to all those involved as well as the surrounding community, then they need to be reviewed. Liability claims against teachers more often than not result in avoidable court costs and the judge deeming the teacher not liable for the injury of the child. This is why it is not particularly advantageous for the family of an injured student to follow up the claim in court. IV. FURTHER REFORM As referred above in the State of Liability section, the liability of teachers is protected
disputes, likely because the interactions between construction professionals and property owners dip into a variety of law areas: real estate, contract, employment and tort. The industry is subject to construction laws that have grown from state statutes and cases (mainly from federal government contracts). Many of the doctrines from federal cases are adopted into state law, but states also choose to stretch or narrow these doctrines as needed. Construction contracts and design agreements are central
substantive law. There’s a different set of rules that will generally govern criminal procedure and civil procedure, or the specific procedure followed in trials and in appeals. Federal rules for civil procedure regulate actions in the federal court system (Cornell University Law School, 2015). Procedural law is made up of state or federal statutes established by constitutional law of the United States (Cornell University Law School, 2015). Specifically, the particular provisions ensure due process of law
your request, this memo includes an analysis of the relevant state and federal law. Issue: Under Kentucky tort law, does intentional infliction of emotional distress occur when a person suffers severe insomnia and anxiety as a result of witnessing a friend¡¦s child being injured by a vehicle that is out of control due to being driven at a high rate of speed through a school zone? Brief Answer: No. Under Kentucky tort law, no recovery can be had for personal injury resulting from fright occasioned
The police legal service for the Fort Worth Police Department is complex, consisting of the City Attorney’s office and the police Legal Liaison office. In researching this topic, I conduced two telephone interviews, e-mail correspondence with the Internal Affairs Section, and online research of the City of Fort Worth website and the General Orders of the Fort Worth Police Department. I spoke with Assistant City Attorney I, Victoria D. Honey, and with former Legal Liaison Sergeant Richard Simmons
of medical malpractice law has changed drastically in the United States over the last few decades. Many have raised concern that the possibility of increased malpractice lawsuits has risen even higher with the implementation of the Affordable Care Act of 20120 (PPACA). New legislation and technologies make medical malpractice law a constantly-transforming field. In order to understand the current state of medical malpractice law in America, it is important to look at the cases and legislation at
are greater concentration of minority populations. Federal agencies such as the EPA are meant to be watchdog who implement regulations
facts presented from both sides which correspond to the defined and existing the rule of law. The law of tort will have to be induced as the defendant has to respond to the allegations of negligence. In correspondence to the case of negligence, if the negligence is ascertained as claimed by Sarah Hall, her evidence should be determined at all exceeds the required facts for the admissibility. The act is necessary because the circumstantial evidence approach has been considered and that there is the dependency
consistent with the times of the era (Graber, p.7). This conditionality of politics concerning political environments is evident in Kagan as well, providing both political scientists and students alike with the knowledge that Courts do and often will act not only for the majority, but also more explicitly towards the persuasion tactics of every outlet of both private and public political participation, which provides a necessary and comprehensive evaluation of the American way of law unknown to many