...Tort Law in Health Care Administration: Examination of Negligence LaJuanda Williams LaTonya Reed John Hill Rita Ignatius Public Health Policy, Law & Ethics, PHS 512 Professor Green-Alexander April 11, 2007 Introduction to the Law of Torts A tort is a civil wrong, other than a breach of contract, committed against a person or property (real or personal) for which a court provides a remedy in the form of an action for damages. Tort includes both an individual personal and professional level which involves the healthcare field. A person who commits a tort is called a tortfeasor which can be held accountable for his or her actions in court (Pozgar 2004). Tort law is an important part of the common law and evolves on a case-by-case basis. Therefore, tort law is still predominately court-created law but legislatures are playing an increasingly active role. One example of this is legislators placing limits on the amount of damages that can be awarded in certain types of court cases (Lipthrott 2005). Although state and federal statutes define some aspects of tort law, contemporary tort law remains defined by judicial decisions. Tort can be an excellent vehicle for viewing the nature of the common law, and for observing how a given body of law evolves daily. The basic objectives of tort law are preservation of peace between individual by providing a substitute...
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...Enterprise Risk Management The Non-Linear Pro salesman told the manager of Quick Takes Video that the editing system leased would allow the employees to edit material twice as fast after only a day and a half of set up and training. After all employees received the one-day training course, completed the video tutorial, and read the manual, problems with the equipment stopped production of a Quick Takes Video project. During an attempt to insert a CD, an employee cut her finger on a sharp edge of the poorly designed equipment. Two different types of torts arose in the Product Liability Video. One type, an intentional tort occurred as a result of the implied warrantee when the salesman described the benefits of the editing system. The employee’s cut finger could result in an unintentional tort because the manufacturer has the requirement of selling a safe product but did not intend to harm the employee. The main tort violation from the video involves the implied warrantee given by the Non-Linear Pro salesman. The manager of Quick Takes Video perceived the quote taken from the video Cheeseman (2010), “Any of your editors, if they’re computer savvy, they’re going to pick this up in a day, day and a half tops” (video, 02:79), as an expressed warrantee. This perception persuaded the manager to lease the equipment. Team A used enterprise risk management (ERM) to analyze the business risk associated with the violation (Harb, 2008). Adequate Compliance Standards and Procedures...
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...Rachelle Wardle Justin Clark Yolanda Larrymore April 11, 2011 Group 5 Tort Reform As a society in today’s economy we are constantly being bombarded with news about law suits of one kind or another. It seems whenever we turn on the news there is a new high profile case of malpractice lawsuits and individuals are being sued left and right. We live in a lawsuit happy society that only continues to intensify as the economy continues to recover and citizens continue to seek employment. Often the main bulk of the law suits that make the news and that occur in today’s society are medical malpractice suits. One can find themselves hard pressed to watch T.V. without seeing a commercial or advertisement from an attorney offering to sue someone for something. In the realm of medical law suits the possibilities are seemingly endless. Patients are willing to sue anyone over anything including drug manufacturers, doctors, pharmacists, anesthesiologist and so forth. Malpractice insurance has reached an alarming high and physicians continue to fight for a cap to be placed on money awarded to plaintiffs. Physicians fear their jobs and lives may be in jeopardy if something is not done about these outrageous costs while patients worry that their medical care will suffer if such limits are awarded. In the 1990s there was a famous lawsuit that awarded a woman several million dollars in a law suit against McDonalds when she spilled hot coffee on her lap. Many of the details of the...
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...Higher Costs PPACA has touted new benefits without measures to cut cost.1 One should know that in America there are already federal laws and programs to cover the elderly (Medicare), the poor (Medicaid), and uninsured children (CHIPs), In addition there is basically free or low cost care to anyone who needs it and it is available if one looks for it. Examples include: Shriner’s hospitals, free clinics, and providers who do pro bono work. In case that wasn’t enough, there are also laws in place that ban practices of charging more to people with pre-existing conditions in employer-based health insurance. The 60% of Americans who get their healthcare insurance from their employer may actually be hurt by PPACA. All one needs to do is make the connection that minimum standards for health insurance and broader access to subsidized healthcare will drive taxes up.4 But for those who have a hard time making the connection, the literature supports costs 3 times higher than initially stated by President Obama, and an additional $118 billion through 2023.3 In order to drive home the point of higher costs, look at an example used by Supreme Court Justice Samuel Alito. Justice Alito spoke on the hypothetical typical healthy 27 year old worker who on average consumes less than $900 annually on healthcare services. Under the PPACA that same healthy 27 year old worker will be required to spend more than 5 times that amount for a healthcare policy that gives a low deductable and pediatric...
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...This is the fifth time that I have appeared before this Subcommittee as an Administration witness. Each time I have been asked to focus on an important facet of our international economic policy. I have testified on our policy toward emerging markets, on our policy for developing countries-including reforms at the Multilateral Development Banks and the new Millennium Challenge Account, and on our policy to remove barriers to the free flow of capital in our trade agreements-including those with Singapore and Chile. In each of these cases, an underlying goal of our policy has been to raise economic growth and increase economic stability around the world, and in doing so benefit the American people with more jobs, more security, and a better life. My testimony today on China’s exchange rate regime will be no different in this respect. The Overall International Economic Strategy for Growth and Stability The Administration’s major economic endeavor now is to strengthen the economic recovery in the United States. The President’s Jobs and Growth package, enacted into law this summer, was essential, as are his proposals for tort reform, regulatory reform, and health care reform. But there are barriers to economic growth and stability in other countries- in Europe, in Asia, in Latin America, in Africa-as well as in the international trade and financial systems that have...
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...THE INTERNATIONAL LEGAL ORDER Controversiae (disputes) is the first word in book I of Hugo Grotius’ foundational text De Jure Belli ac Pacis(The Law of War and Peace, 1625). Much modern scholarship in international law has followed this strand of Grotius’ thought in orienting the subject to the problem of managing disputes. Since the late nineteenth century, generations of leading scholar-practitioners have shaped a view of international law which emphasizes legal doctrines and materials related to disputes: the specific rules one party to a dispute may invoke against another, the sources (e.g. treaty, custom) to which an international court will look to identify international law rules, the general principles (e.g. acquiescence, abuse of rights) that international courts have borrowed from national legal systems to help deal with international cases, the foundational principles of international law (e.g. state responsibility) enunciated by courts, the precedential implications of a specific decision or a specific settlement agreement. This focus owes much to the sociological model of the successful international lawyer as it developed in the English and French traditions of international law over the past century: that of the academically respected practitioner, primarily the world–wise professor-counsel or the erudite lawyer–civil servant, whose career involved both scholarship and representing litigants in the management of disputes, and might eventually culminate in becoming...
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...today. Further, health IT is promoted as a critical tool for improving population health by allowing for the more efficient gathering of data regarding the effectiveness of certain treatments. Finally, health IT is also expected to help decrease health costs by reducing the duplication of services and the delivery of unnecessary or inappropriate care. This paper examines some of the “gaps” in privacy protections that arise out of the current federal health privacy standard, the Health Insurance Portability and Accountability (HIPAA) Privacy Rule, the main federal law which governs the use and disclosure of health information. Additionally, it puts forth a range of possible solutions, accompanied by arguments for and against each. The solutions provide some options for strengthening the current legal framework of privacy protections in order to build public trust in health IT and facilitate its use for health reform. The American Recovery and Reinvestment Act (ARRA) enacted in February 2009 include a number of changes to HIPAA and its regulations, and those changes are clearly noted among...
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...Legal Environment of Business in Bangladesh A Report On “Legal Environment of Business in Bangladesh” Course Title Legal Environment of Business Course Code LAW-234 Submitted to Abeer Khandker Lecturer Faculty of Business Administration ASA University Bangladesh Submitted by Name ID Hosnain Ahmed 092-12-0002 Riyadh Ahmed 092-12-0003 Mahmudul Hassan 092-12-0006 Tasmia Kamal 092-12-0017 Nafisa Halim 092-12-0021 Sanjida Akter 092-12-0024 Habiba Sultana 081-12-0220 Date of Submission: 20th April, 2011 Table of Contents Introduction 4 Legal Procedures to Starting a Business 5 Banking Companies 5 Financial Institutions 6 Legal Procedures to Continue a Business 7 Financial Institutions 7 Other Companies 9 Dealing with licenses 9 Employing workers 10 Registering property 10 Getting credit 11 Paying taxes 12 Protecting investors 13 Trading across borders 13 Enforcing contracts 14 Legal Procedures to Ending a Business 16 Banking Company 17 Financial Institutions 25 Summary of Indicators - Bangladesh 27 Conclusion 29 Reference 30 Introduction The Legal Environment of Business commences with the systems approach to management and an analysis of the relationship between law and ethics. The first module reviews the foundations...
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...Governance eJournal Faculty of Law 4-12-2007 Corporate Social Responsibility: Impact of globalisation and international business Kim Kercher Bond University, Kim_Kercher@bond.edu.au Recommended Citation Kim Kercher. (2007) "Corporate Social Responsibility: Impact of globalisation and international business" ,, . http://epublications.bond.edu.au/cgej/4 This Journal Article is brought to you by the Faculty of Law at ePublications@bond. It has been accepted for inclusion in Corporate Governance eJournal by an authorized administrator of ePublications@bond. For more information, please contact Bond University's Repository Coordinator. Corporate Social Responsibility: Impact of globalisation and international business Abstract [Extract] Corporate Social Responsibility (CSR) is associated with the conduct of corporations and in particular whether corporations owe a duty to stakeholders other than shareholders. Whilst the phrase ‘Corporate Social Responsibility’ may be gaining momentum, the concept itself is not new. The question as to whether corporations owe duties to broader stakeholders has been debated at various times throughout the twentieth century. Keywords corporate social responsibility, corporations, globalisation, international business This journal article is available at ePublications@bond: http://epublications.bond.edu.au/cgej/4 Corporate Social Responsibility ‐ Impact of globalisation and international business By Kim Kercher Date of publication: 11 December 2006 ...
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...working in America's favor or is it just another way for the CEOs and the executives for fortune 500 companies to manipulate the system and its people? The corporate governance system started with the corporate debacles and the ultimate crash of the stock market in the late 1920s. As a result government stepped in and created regulations such as the Securities Act of 1933 and 1934, to the ever so popular Sarbanes-Oxley Act of 2002, to the more recent Dodd-Franck Law of 2010. The aim behind these regulations is noble. They are formed to prevent fraud, misrepresentation, bring more transparency and above all, prevent another financial crisis. But, how successful are these regulations? Are we over regulated or are we in need for more regulation? Investors and common public's faith in our economy and capital markets is shattering, they are demanding accountability and responsibility in corporate behavior, and wants the government to take effective actions, in the form of regulatory systems, improved auditing, and stepped up law enforcement (Coglianese, Healey, Keating and Michael, 2004). Before we dig deep into the government regulations in place, let’s discuss the role of accounting profession, particularly the corporate financial...
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...INTRODUCTION There was no precedent for the Manville Personal Injury Settlement Trust ("Trust"). A grantor trust, its genesis, birth, and evolution were influenced by-and its operation is still influenced by-many groups with differing agendas: the Manville Corporation, multiple federal and state courts, legal experts, investment bankers, victims' groups, plaintiffs' attorneys, Trust staff, and other trusts. The development and evolution of the Trust were further affected by a myriad of state and federal laws on, inter alia, trusts, securities regulation, contracts, fiduciary responsibility, bankruptcy, and civil procedure. These often conflicting constituencies and laws were forced into a compromise "peace" during the upheaval of the Johns-Manville Corporation' 2 chapter 11 bankruptcy filing. The Trust, an independent organization, was created by the bankruptcy court to distribute funds as equitably as possible while balancing the rights of Copyright © 1990 by Law and Contemporary Problems * Executive Director, Manville Personal Injury Settlement Trust. This article was last revised in February 1991. In May 1991,Judge Jack B. Weinstein issued an order restructuring the finances and operating procedures of the Manville Personal Injury Settlement Trust. 1. In 1988 the Johns-Manville Corporation was renamed The Manville Corporation, and will be referred to hereafter as "Manville." 2. In December 1986, the United States Bankruptcy Court for the Southern District of...
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...Relations Act Federal Employment Law *Fair Labor Standards Act – 1938 (FLSA) *Minimum Wage -Lowest amount the employer can pay the employee. Minimum wage is exposed in pay for dollar per hour. *Maximum Hours -Employee must be paid at the premium rate of pay for all hours worked in excess of 40 within any 7-day period -Exemptions: Executive, professional and administrative employees -Executives are VP, president, higher ups. -Professionals are lawyers, architects, doctors, accountants. -Administrative employees are people that work fairly independently without a lot of supervision. *Child Labor – prohibitions and restrictions -In the 20th century we decided that kids should be kids and not have to work -Talking about minors, somebody who is 17 years of age or younger -If you have a 16 year old or a 17 year old most work is permissible, but they cannot engage in any dangerous work EX.) Chemist, policeman, firefighter. Most work is okay. -We permit this because at the age of 16 kids can elect to drop out of school. -14 and 15 year olds employment is usually prohibited. The job cannot interfere with healthy growth, school, cannot be dangerous. The job must be part time. EX.) Work in a store for a couple hours, babysit, cut neighbors grass -13 and under NO EMPLOYMENT IS ALLOWED. Unless the department of labor approves. EX.) Modeling, actors and actresses, own a farm and kid helps out. -Reporting Requirements -Every business has to keep records, names of...
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...& 4 Sources of Law in the U.S 1. The Constitution * The U.S. Constitution is the supreme law of the land * The U.S Constitution establishes the federal government and enumerates its powers * The body of the constitution * Creates the three branches of government and grants certain powers to each branch * The amendments to the constitution * Protect individual rights by putting limitations on the governments ability to act in certain ways * Amendments protect the government, not private individuals The Legislative Branch * Created by Article 1 of the Constitution * House of Representative * Senate * Responsible for the creation of new laws * Congress is generally responsible for where the money comes from and where the money is spent * All statutes start as BILLS * Bills must be passed by both the House and the Senate * Bills that pass both houses must be signed into law by the president or.. * The president can VETO the bill * If signed by the president the Bill becomes a STATUTE 2. Statues, Codes and Ordinances * Statutes are enacted by Congress and state legislatures * Ordinances are enacted by municipalities and local government agencies * Code = Codified Law = Statute The Executive Branch * Created by Article 2 of the Constitution * President * Vice President * Cabinet Members * Responsible for enforcing the laws passed by congress ...
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...Berkeley Journal of International Law Volume 26 | Issue 2 Article 5 2008 Corporate Governance as Social Responsibility: A Research Agenda Amiram Gill Recommended Citation Amiram Gill, Corporate Governance as Social Responsibility: A Research Agenda, 26 Berkeley J. Int'l Law. 452 (2008). Available at: http://scholarship.law.berkeley.edu/bjil/vol26/iss2/5 This Article is brought to you for free and open access by the Law Journals and Related Materials at Berkeley Law Scholarship Repository. It has been accepted for inclusion in Berkeley Journal of International Law by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. Gill: Corporate Governance as Social Responsibility: A Research Agenda Corporate Governance as Social Responsibility: A Research Agenda By Amiram Gill* In the post-Enron years, corporate governance has shifted from its traditional focus on agency conflicts to address issues of ethics, accountability, transparency,and disclosure. Moreover, corporate social responsibility (CSR) has increasinglyfocused on corporate governance as a vehicle for incorporating social and environmental concerns into the business decision-making process, benefiting not only financial investors but also employees, consumers, and communities. Currently, corporate governance is being linked more and more with business practices and public policies that are stakeholder-friendly. This ...
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...Financial Scandals and the Role of Private Enforcement: The Parmalat Case Law Working Paper N° 40/2005 May 2005 Guido Ferrarini University of Genoa, Centre for Law and Finance and ECGI Paolo Giudici Free University of Bozen and Centre for Law and Finance © Guido Ferrarini and Paolo Giudici 2005. All rights reserved. Short sections of text, not to exceed two paragraphs, may be quoted without explicit permission provided that full credit, including © notice, is given to the source. This paper can be downloaded without charge from: http://ssrn.com/abstract=730403 www.ecgi.org/wp ECGI Working Paper Series in Law Financial Scandals and the Role of Private Enforcement: The Parmalat Case Working Paper N° 40/2005 May 2005 Guido Ferrarini Paolo Giudici This Working Paper is based upon a draft prepared for the EU Corporate Law Making Conference (Cambridge, October 29-30, 2004) organized by Harvard Law School and the Swiss Federal Institute of Technology (ETH Zurich). The authors are grateful to Gerard Hertig, Mark Roe, Donald Langevoort, and other conference participants for helpful comments. Drafts of this paper were also presented at the Yale Law School Alumni Meeting on October 8-10, 2004; at a meeting of the Associazione Via Isonzo held in Milan on October 10, 2004; and at a seminar at the Institute of Law and Finance (ILF), University of Frankfurt, on January 18, 2005. The authors are grateful to Theodore Baums, Andreas Cahn, Carmine Di Noia, Jon Macey,...
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