...Brian Ardizzoni Michael Neil English 1301, Composition 1 25 November 2012 Medical Malpractice For nearly forty years, tort reform constantly becomes an increasingly controversial issue affecting the medical community, the legal community and most of all, the victims of some very unfortunate accidents. Tort reform refers to laws passed on a state-by-state basis which place limits or caps on the type or amount of damages awarded in personal injury lawsuits. Those who advocate medical malpractice tort reform believe limitations should be set on the amount of damages a plaintiff or injured party can be rewarded by the court. These advocates usually include medical professionals and insurance companies. Their argument is that too many frivolous lawsuits lead to high malpractice insurance, the increasing cost of medical care and a burden on the taxpayers whose tax dollars absorb the extravagant litigation costs for these claims. They believe doctors will eventually be unable to practice medicine due to costly malpractice insurance premiums which may leave many Americans unable to obtain much-needed healthcare. In the past, as the rate of malpractice suits began to grow, so did the rate of malpractice insurance. This ended up having a dire impact on the medical profession. For one thing, many qualified doctors ended up leaving their practices and focusing more on preventative medicine. In other words, they...
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...IMPACT OF NEGLIGENCE In the law of negligence and damages the acts of both the claimant and the defendant take part in the case whether it’s both their faults or it’s once recklessness. In the normal cause of events, the defendant is liable if they owed a duty of care, breached that duty and cause a loss or damage. In some cases a negligent defendant will not be liable for any loss or damage if the claimant acted unreasonably in the situation. In the case of McKew v Holland the defendant’s negligence caused an injury to the claimant’s leg that weakened it. When later attempting to go down a steep staircase without a handrail or assistance, the claimant broke his ankle in the same leg. It is possible that the disability ay produce a situation in which further injury is caused. In such case the second injury fits into the chain of causation. However if the person acts unreasonably, this behaviour is novus actus interveniens (new act intervening) then the chain of causation is broken and new injuries will be seen as caused by the claimants own conduct and not by the first negligence caused by the defendant. However when the claimants response is not sufficiently unreasonable than the chain of causation is not broken. In the case of Wieland v Cyril Lord Carpets (1969) the defendant negligence caused an injury to the claimant’s neck that needed of wearing a surgical collar. The claimant also wore bifocals and the collar inhibited the normal compensator movement of her head to...
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...Jerome Fulton, Jr. BUL 4310 Liebeck v McDonald’s Restaurants July 7th, 2014 Introduction Corporate giants are known for their strong legal defense teams, their shrewd business practices, and their strong presence in politics. In the United States, its adversarial court system allows corporate giants to have the upper hand when faced with litigation. In an adversarial court system, the stronger the defense (lawyers) is, the stronger the case. One extreme case in the American court system that deflects corporate giants’ upper hand in the United States’ adversarial system, is a 1994 “frivolous lawsuit,” Liebeck v. McDonald’s Restaurant. McDonald’s is known for its fast-food and joy that it brings to children with its Happy Meals. However, in the Liebeck v. McDonald’s Restaurant case, McDonald’s was known as an inconsiderate corporate giant whose nonchalance cost McDonald’s nearly $3 million. Liebeck v. McDonald’s Restaurant is a case that was a media train in the 1990s and misconceptions about the case filled the airways. Case Overview Why should your favorite quick service restaurant be responsible for serving your favorite breakfast beverage, coffee, just how you like it? Liebeck v. McDonald’s Restaurant involved a then 79 year-old, Stella Liebeck, who purchased a cup of coffee from a McDonald’s located in Albuquerque, New Mexico, in 1992 (“McDonald’s,” 2002). “Liebeck tried to hold the cup of coffee between her knees while removing the lid; however, the cup tipped...
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...days worth of revenue McDonalds received from the sale of coffee only. In retrospect, it seems that the truncated reporting of the case by mainstream media outlets lead many people to come to the conclusion that it was indeed a frivolous lawsuit which led to exorbitant awards. This case triggered an outcry for Tort reform. Many people saw this as a case of frivolous and out of control suing where people could become predatory extortionists at the expense of legitimate businesses. To this day, the debate about how responsibility is ascribed to the involved parties is still ongoing. (NYTimes,...
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...current needs of the population. Some of the influences include society, culture, finance, religion, politics, technology, health trends, the environment, and population (Shi & Singh, 2012, p. 9). This paper will discuss a significant event that has changed or affected health care today, explain how the historical evolution of health care was impacted, and assess the significant event based on personal values and beliefs. Significant Event’s Relation to Health Care Excessive litigation is one of the significant events affecting health care today. Litigation has become so popular that it has become specialized. Advertisements for litigations against health care facilities and professionals are placed on television, radios, Internet, and other information outlets, at frequent intervals. It is not unexpected to see or hear several of them throughout the day. Law firms have become specialized in trying health care related cases and focus on specific conditions. The result is that health care facilities close because of the financial burden of payments resulting from litigations, the amount paid for malpractice insurance rises, insurance premiums rise, and costs of health care increases because of the additional procedures ordered to try to prevent litigation (Satiani, 2004). The practice of defensive medicine is estimated to cost two and a half times average coverage cost and the estimated savings in tort reform is passed in 50 billion dollars (Santiani, 2004). These health care...
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...Crime and Punishment: A Dissection of its Various Elements. “The true measure of crimes is the harm done to society” – Cesare Beccaria. Crime as a concept and its origin There is no easy definition for what denotes a crime. Any theory on criminal law has to answer two questions – ‘What acts should be punished?’ and ‘To what extent can it be punished?’ Glanville Williams, admitting the impossibility of a workable content based definition of a crime, points out that the definition of crime is one of the thorny intellectual problems of law. Russell also admitted that ‘to define crime is a task which so far has not been satisfactorily accomplished by any writer’ Personal safety, particularly security of life, liberty and property, is of utmost importance to any individual. Man realized this when he started living in a community. He realized that he had certain rights. Rights are essentially conditions for self-development. At the same time he understood that he was also obligated to behave in the same manner in which he expected his neighbour to behave. This was the crux of the social contract which man entered into with his fellow beings. The social contract allowed men to live together in a community and leave behind the “nasty, short and brutish” life he led hitherto. The social contract paved way for the State to come into force and start making laws for everyone. Naturally, the rational and selfish nature of man would make him look out for his best interests and...
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...A Manager’s Handbook: “All people, regardless of race, religion or culture, harmoniously living and working together into the future” Contents Introduction to Law and Business Ethics and Social Responsibility 3 Legal Dispute Resolution Process and Alternative Dispute Resolution Mechanisms 4 Business and the Constitution and Administrative Law 5 Business Crimes, Business Torts, and Product Liability 6 Contracts 7 Business Structure and Securities Regulation 8 Business Property and Antitrust Law 9 Employment Law 10 Introduction to Law and Business Ethics and Social Responsibility Include in this section information from Assignment 1.2. BP Oil, crisis in the Gulf The careless and unethical approach that BP Oil practices when drilling for oil, led to one of the largest man-made disaster in history. The Gulf of Mexico has had devastating results due to BP’s lack of action in regards to emergency protocol. Though the spill has since been capped and controlled, the aftermath isn’t going anywhere soon, with new problems emerging daily from the spill itself and from cleanup efforts as well. The extent of damage is numerous, and will cost BP millions of not billions in awards from the many law suits that stand, as well as ones pending. BP will never be able to fully restore or recover what once was. 27,000 workers are presently involved with cleanup efforts; Scientists from all fields are giving advice as well. A major cause for concern for...
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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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...administration of justice. This submission was prepared by the National Aboriginal Law and the National Alternative Dispute Resolution Sections of the Canadian Bar Association, with assistance from the Legislation and Law Reform Directorate at the National Office. The submission has been reviewed by the Legislation and Law Reform Committee and approved as a public statement of the Canadian Bar Association. The Logical Next Step: Reconciliation Payments for All Indian Residential School Survivors Executive Summary At its Annual Meeting in August 2004, the Canadian Bar Association adopted a resolution1 calling for the government to go beyond the existing Indian Residential Schools Dispute Resolution process to provide a base payment to all survivors of Indian Residential Schools. The CBA recognizes the tragic legacy of Indian Residential Schools and the failure of the current options of either litigatio n or the dispute resolution process to resolve the situation. The harms caused by Indian Residential Schools are still profoundly felt by the individual students who attended the schools, as well as their families, communities and Nations. The CBA recommends that, as the next logical step towards reconciliation and restoration of the health, vitality, pride and culture of Aboriginal communities, the Government of Canada make a reconciliation payment to all students of Indian Residential Schools who were alive on January 7, 1998. January 7, 1998 is the date the government made its...
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...of Movables’ Foreword The purpose of this small compendium is to provide a basic understanding of some special features of Scandinavian1 private Law, in particular in the field of the transfer of movable property. It serves as a preparation to the lesson and should, therefore, preferably, be read beforehand. Since some of the Scandinavian features are completely unknown (and perhaps also considered strange) for an European lawyer, the aim is to discuss these chosen topics in a very simple manner. Suggested (introductory) literature for additional reading (if someone wants to learn more about it): Two articles from the volume Faber/Lurger, (eds.), Rules on the Transfer of Movables – A Candidate for European Harmonisation or National Reforms? (Sellier European Law Publishers 2008): • Martinson, C.: How Swedish Lawyers Think about “ownership” and “Transfer of Ownership” – Are we just peculiar or actually ahead? (pp 69-95) • Faber, W.: Skepticism about the Functional Approach from a Unitary Perspective (pp 97-122) The following article discusses the Scandinavian functional approach in contrast to a “unitary” approach, more from a philosophical angle. I can highly recommend reading it! 1 “Scandinavia” includes Finland, in this compendium. Martin Lilja, 2009 • Ross, A., Tû-Tû, Harvard Law Review, Vol. 70, No 5 (1957), pp 812-825 These reports are set to be published in the beginning of January: • Lilja, M., National Reports on the Transfer of Movables in Sweden...
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...competitive advantage doing something differently from the competition that leads to outperformance and success human resource management the organizational function responsible for attracting, hiring, developing, rewarding and retaining talent staffing the process of planning, acquiring, deploying and retaining employees that enables an organization to meet its talent needs and to execute its business strategy total rewards the sum of all of the rewards employees receive in exchange for their time, efforts and performance direct financial compensation compensation received in the form of salary, wages, commissions, stock options or bonuses indirect financial compensation all the tangible and financially valued rewards that are not included in direct compensation, including free meals, vacation time and health insurance nonfinancial compensation rewards and incentives given to employees that are not financial in nature including intrinsic rewards received from the job itself or from the work environment Strategic risk, Operational risk, Financial risk and Compliance risk Managing human resources strategically helps organizations manage four types of risk: business strategy defines how a firm will compete in its marketplace talent philosophy a system of beliefs about how an organization's employees should be treated human resource strategy links the entire human resource function with the firm's business strategy ...
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...2/6/2008 7:39:32 PM 4.1 Introduction Negligence began to be recognised as a tort in its own right around the beginning of the nineteenth century. Before that time, the dominating action for personal injury was the writ of trespass. Trespass was initially concerned only with direct acts, however, during the nineteenth century the focus shifted to the distinction between intentional wrongs (trespass) and the unintentional (negligence). As we have seen, negligence was originally described in terms of a duty imposed by law and thus it will be seen that duty is one of the three key elements of negligence today. Negligence evolved as a means of loss-shifting at a time when there was little or no insurance or state welfare provision. The industrial revolution in the nineteenth century brought with it increased risks of injury to those working in factories, mines, quarries, and other dangerous situations. The development of railway transportation and mass production dramatically increased the potential for many people to be affected by the faulty conduct of strangers, at the same time that the development of incorporations meant that there would be a company to sue rather than an individual. The damage in such cases would have been personal injury or death and, to a lesser extent, property damage. The Workmen’s Compensation Act 1897 was the first step in the gradual introduction of compulsory compensation schemes for victims of accidents. It gave certain workers entitlement...
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...NOT FOR DISTRIBUTION: USE ONLY IN COMPLIANCE WITH COPYRIGHT: DAVID RISSTROM AN INTERPRETATION OF LAW IN CONTEXT Bottomley, S., Gunningham, N. and Parker, S., 1991, Law in Context, The Federation Press, Leichhardt. { } = additional material from lectures. ( ) = my comments. (See ‘x’) refers to book page number. A short (somewhat boring) message from the summary executioner before you dive in; These notes are an interpretation of the book Law in Context and the lectures given as part of the 1991 Course. They are not a satisfactory substitution for reading the text. You are only likely to get the maximum value out of this summary by reading it in conjunction with the text. The question of ‘the law in whose context’ may be worth keeping in mind as you read. This is an interpretation seen through my eyes, not yours. My comments are not unbiased, as it is as equally unlikely that yours may be. So my ‘advice’ is consider what is said here and in the book considering the need to understand the ‘mechanics’ that help make sense of the more involved themes that develop in the book as you progress through Law in Context. The observations, important in their own right, may be particularly useful for seeing how their often ubiquitous expression is taken as ‘normal’ in the areas of wider society, such as in discussions of economics and power. It is unlikely that you will find any ‘right answers’ from this summary, but I do hope it helps you in synthesising...
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...Summary Australian law is based on the culture of English law. The following characteristics derive from the English background of our law: * A system of representative democracy, using parliaments to make laws. See chapters 7 & 8. * A legal profession divided formally or informally into solicitors and barristers. See chapter 3. * A ‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could...
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...The Economics of Health Care Quality and Medical Errors Charles Andel, Stephen L. Davidow, Mark Hollander, and David A. Moreno Charles Andel, MBA, BSRT, is Manager of Radiology Quality and Compliance at Loyola University Medical Center and a graduate of Loyola University Chicago’s Quinlan School of Business MBA in Healthcare Management program. He may be reached at cjandel@lumc.edu. Stephen L. Davidow, MBA, APR, is a health care marketing and communications professional with a strong focus on quality and patient safety. He is a graduate of Loyola University Chicago’s Quinlan School of Business MBA in Healthcare Management program. He may be reached at stephen@davidowcommunciations.com or 708-284-2300. Mark Hollander, MBA, is a financial manager at the Department of Veterans Affairs and graduate of Loyola University Chicago ’s Quinlan School of Business MBA in Healthcare Management program. David A. Moreno, MBA, is a biotechnology business analyst and graduate of the Loyola University Chicago’s Quinlan School of Business MBA in Healthcare Management program. He may be reached at dmoreno1@gmail.com. Hospitals have been looking for ways to improve quality and operational efficiency and cut costs for nearly three decades, using a variety of quality improvement strategies. However, based on recent reports, approximately 200,000 Americans die from preventable medical errors including facility-acquired conditions and millions may experience errors. In 2008, medical...
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