...State or Federal Tort Claims AJS/562 December 15, 2014 State or Federal Tort Claims The Constitution of the United States has the amendments in place to protect the citizens from the violation of his or her rights by the government. The Federal Tort Claim Act of 1946 is enacted to ensure the citizens of the United States will receive the proper compensation or if the citizens want to sue the federal government. The Federal Tort Claim Act of 1946 will provide the citizens of the United States enough cushion to go around the immunity for federal employees. Before the enactment of the Federal Tort Claim Act of 1946, the citizens would have no possible way of suing the federal government for wrongdoing. It allows federal employees the immunity from lawsuits regardless of the harm the employee causes a victim to suffer. The Federal Tort Claim Act of 1946 will provide citizens of the United States a way around immunity to sue the federal government; however, it would take the power to regulate a federal lawsuit claim and the courts to hear the case. Regardless of the First Amendment, allowing a citizen the right to address the grievance with the federal government that has no authority to allow it to occur. According to (Valparaiso University Law, 1980) Congress enacts a Court of Claims Act that allows a citizen to complain; however, it excludes torts or civil liability (Valparaiso University Law, 1980). Around the beginning of 1887 a new law, the Tucker Act is enacted to...
Words: 1487 - Pages: 6
...Short Paper At the creation of the United States, the states were assumed to have the power and authority of self-governing nations. Each state has the general power to protect the health of its population within its geographic borders as long as the laws do not obstruct the rights of individuals guaranteed by the constitution. The federal government regulates health matters through the powers granted to the federal government in the federal constitution. This allows the federal government to create benefit programs and to indirectly regulate local activities that it would not have the authority to regulate directly. For example, the federal government created the Medicare program to pay for health care for the elderly and disabled, and Medicaid to pay for health care for the poor. Health care institutions that receive federal money in payment for services to Medicare and Medicaid recipients have to abide by federal regulations in order to keep receiving federal funds. According to Pozgar (2012), “a tort law is a civil wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy in the form of an action for damages”. Within the general field of health care there is a good deal of discussion of tort law and health care because tort actions comprise what are more commonly known as medical malpractice or medical negligence actions. A medical malpractice or medical negligence suit can be raised against a physician or health...
Words: 892 - Pages: 4
...2013 Case Study: Delia v. E.M.A. et al This paper reviews a case study of a medical malpractice suit that resulted in a claim against the North Carolina Department of Health and Human Services for their practice of recovering settlements paid for medical expenses. Legal controversies with medical impact rarely reach the United States Supreme Court because such cases must go through several levels of hearings and appeals before even being considered by the Supreme Court. Medical issues must involve interpretation of the US Constitution or federal law, and at least four of the nine justices must agree to accept a case. The Supreme Court reviews only a small percentage of the several thousand cases submitted each year. Consequently, most medical controversies at law take place in state courts. Subject United States Supreme Court Case No. 12-98. Albert A. Delia, Secretary, North Carolina Department of Health and Human Services v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. Later the case was changed to: No. 12-98. Aldona Wos, Secretary, North Carolina Department of Health and Human Services, Petitioner v. E.M.A., a Minor, By and Through Her Guardian ad Litem, Daniel H. Johnson, et al. The purpose of the case was to resolve the conflict between the opinions of the 4th U. S. Court of Appeals in this case and the decision of the North Carolina Supreme Court in Andrews, the United States Supreme Court granted certiorari and the case was...
Words: 2010 - Pages: 9
...employer ask questions regarding an individual's disability? after making a conditional job offer 4. Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to fail or refuse to hire or to discharge any individual, or otherwise discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin. 5. Which of the following is an exception to the “at will” rule? express contracts, implied contracts, violation of statutes 6. A pattern that is the subject of efforts that is reasonable under the circumstances to maintain its secrecy, is an example of a trade secret 7. Which type of lawsuit occurs when one or more persons sue or are sued as representatives of a large group of persons similarly situated and interested in the outcome of the lawsuit? Class-action 8. In a discriminatory claim, a plaintiff must prove all of the following except: D (?) 9. Executive Order 11246: prohibits every federal contractor and subcontractor from discriminating based on race, color, religion, sex, or national origin. 10. In Heart of Atlanta Motel v. U.S. (1964), did Congress exceed its powers under the Commerce Clause by enacting the provisions of the Civil Rights Act of 1964? No. When adopting the act, it had the power to do so granted by the Commerce Clause of...
Words: 4387 - Pages: 18
...Tort Risk and Business Regulation Simulation Jane Thomas University of Phoenix Business Law/531 Thomas Friedman October 19, 2010 In today’s business world it is crucial for organizations to have a plan in place to identify and manage tort liability. This can be managed through preventive, detective and corrective measures. The purpose of a plan is for an organization to manage and minimize individual risks. Organizations that fail to comply with Federal, State, and local regulations expose the organization to regulatory risks. This could greatly impact the organizations reputation, earnings, and existing assets. This paper will identify regulatory risks and tort liability as related to Alumina Inc. The United States based Alumina Inc. is a global multibillion dollar company based in the state of Erehwon near Lake Dira. Alumina is a manufacturing plant that specializes in automotive components, alumina refining, aluminum smelting, bauxite mining, and packaging materials. The corporation operates in eight countries with 70% of its sales coming from the United States. Alumina falls under jurisdiction 6 of the Environmental Protection Agency (EPA). During a routine EPA compliance evaluation inspection five years ago, Alumina was found to be violation of discharging polynuclear aromatic hydrocarbons (PAH) that exceeded the EPA standards. EPA demanded a cleanup to which Alumina complied without delay. Alumina Inc. is being accused by a local resident...
Words: 1122 - Pages: 5
...Medical Malpractice Tort Reform in the Healthcare Industry Medical malpractice reform, also known as tort reform, includes strategies to limit medical malpractice costs, deter medical errors and ensure that patients who are injured by medical negligence are fairly compensated. Tort reform has the potential to reduce health care expenditures by reducing the number of malpractice claims, the average size of malpractice awards and tort liability system administrative costs (Medical Malpractice Reform, 2011). Since the 1970s, medical malpractice has been a controversial social issue, which has caused physicians to have increasing concerns about the large number of lawsuits and the negative connotations that tend to go along with them. Physicians have started pushing for legal reforms to decrease the large monetary awards for damages whereas tort attorneys have argued that the negligence suits are an effective way of compensating the victims fairly and forcing the medical professions to follow a proper standard of care (Pozgar, 2013). An article from the Journal of Patient Safety estimates that between 210,000 to 400,000 people die every year in the U.S. from hospital medical errors and 1 in 14 U.S. doctors face a malpractice lawsuit every year (Corapi, 2014). Physicians and healthcare providers argue that the millions of dollars that are awarded in damages increase the cost of healthcare by passing this cost onto the consumer in the form of higher insurance premiums and...
Words: 2062 - Pages: 9
...away from her family except when it was convenient for her spouse. I do not think that a person could be committed today based on the evidence given in this case. Apparently, she became mentally ill when she filed for divorce. 3. How should these kinds of cases be handled today? If a person is in danger of harming themselves or others, all of the events should be documented so there is a trail of events. Depending on how bad or life threatening the event is, they may involuntarily commit the person and remain in constant contact with the family. How can intentional torts arise in the healthcare field? Be sure to provide specific examples. Intentional torts are intentional actions that result in harm to the plaintiff. The harm need not be intended, but the act must be intentional, not merely careless or reckless. Most intentional torts are also crimes. The classic intentional tort in medical practice is forcing unwanted medical care on a patient. The care may...
Words: 2342 - Pages: 10
...Fundamentals of Law for Health Informatics and Information Management Second Edition Check Your Understanding Chapter Answers CHAPTER 1 Check Your Understanding 1.1 1. A hybrid record is refers to record that is totally electronic. False 2. An electronic health record can be managed across more than one healthcare organization. True 3. Confidentiality refers to the right to be left alone. False 4. HITECH widens the scope of privacy and security protections under HIPAA. True 5. Privileged communication is a legal concept designed to protect the communication between two parties. True Check Your Understanding 1.2 1. Ownership of a health record generated by a doctor on a patient belongs to the patient. False 2. A custodian of records is responsible for certifying that a record is what it purports to be. True 3. When a patient refuses treatment he or she is exercising the ethical principle of beneficence. False 4. In a malpractice case, a professional code of ethics may be used as a benchmark for what should be acceptable practice by a healthcare professional. True 5. The ethical principle of nonmaleficence refers to making sure rules are fairly and consistently applied to all. False CHAPTER 2 Check Your Understanding 2.1 1. Private law defines rights and duties between individuals and the government. False 2. Statutes are enacted by legislative bodies. True 3. Administrative law is created by court...
Words: 6403 - Pages: 26
...Torts and Warranties James.Oliver78 AIU Online Abstract This is an essay about a story of the four wrongs, and the invasion of privacy. It is about a Harvard Law Review article and what the newspapers in 1890 had to do with it. The differences and similarities of the four wrongs which make-up the invasion of privacy principle, and then on towards the world of warranties and what they mean. How warranties affect our lives in today’s society and a brief description of what the buying customer can expect from a warranty. The essay ends with what defective products do to business and the legal system. How a defective product is defined legally, and how it affects profits of a business. Last but not least, a comment about the buying public, the business, brand name, and the lawyers that make-up a business in today’s world. Invasion of Privacy There exists a story involving invasion of privacy and it dates back to the 1800s, in Boston, Massachusetts. The story starts with a young married couple by the name of; Mr. and Mrs. Samuel D. Warren. Mr. Samuel D. Warren was a young lawyer who inherited a paper manufacturing business. At the time, he was partners in a prestigious law firm with his Harvard classmate, Mr. Louis D. Brandeis. There came a time when, Mr. S. D. Warren decided he would have to devote more time and energy to his paper manufacturing business and less time with his practice of law. Mrs. Samuel D. Warren was a pillar in elite high society...
Words: 1674 - Pages: 7
...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...
Words: 2798 - Pages: 12
...Litigation issued an order consolidating several lawsuits against the National Football League into one large case of Multidistrict Litigation. All of the lawsuits that have been filed claim “tortious conduct” on the part of the NFL, resulting in neuro-degenerative disease and injury to professional football players. As of January 24, 2013, over 4,500 retired NFL players, more than one-third of players to ever sign an NFL contract, had brought a suit against the NFL concerning the head injuries that they sustained on the field during their playing careers. (Anderson, 1). Given the outstanding popularity of football in the United States, these lawsuits have garnered the attention of national media, prompting debate, discussion, and research about the dangers of football-related head injuries and the future of the NFL. (Fenno, 1). The litigation has the potential to reach the scale of the Big Tobacco litigation of the 1990’s, but the NFL has thrown a substantial roadblock in the players’ suit with a federal employment law preemption defense. (Fisher, 1). The consolidation of all the lawsuits into the Multidistrict Litigation has created the ability for both parties to decide the legal issues presented by the players’ claims and the NFL’s defenses. This paper will examine the merits of those claims and defenses, offer insight into how the players applied rhetorical devices to further their case, address the link established between the NFL and Big Tobacco, and how the court could...
Words: 8282 - Pages: 34
...financial resource for business, government rules and regulation, and personal liability. In this paper a discussion regarding the different forms of business including scenarios of these form and explanation on why this corresponding business form is preferred. Sole Proprietorship According to Cheeseman (2010), a sole proprieship is the simplest form of business organization and there is no separate legal entity. (p. 530). Under sole proprietorship the business is owned and executed by a single person. The proprietor makes all the management decisions and has authority to receive profits. Sole proprietorship business could easily be sold or transferred if the owner choose, no other approval is necessary. Scenario: A small neighborhood businesses, sometimes called, neighborhood store, are an example of sole proprietorship. Creating a sole proprietorship is easy and low cost with no government approval is required at the federal and state level. A license to do business within the city is required at the state level. This form of business is excellent for a person with limited amount of money to start a small business, Sole proprietorship is responsible for business’s contract and torts committed, The sole proprietorship has liability to bear the risk of loss of business and has unlimited personal liability. The creditors may use sole proprietor’s personal assets to recover claims against the business. Partnership According to Cheeseman (2010) defines partnership as a...
Words: 986 - Pages: 4
...liability generally operates within the law of torts. It has become well-established in English law and historically has been called “Master and Servant liability,” which clearly indicates the circumstances in which the doctrine becomes applicable in tort law. The general rule in tort law is that a person who authorises a tort will personally be liable for damage or harm as a result. However, vicarious liability defines the circumstances in which a person is liable for the torts of another without express authorisation or ratification. The most common example of vicarious liability is the liability of an employer for the torts of his employees committed in the course of employment. It is not necessary in such circumstances for the employer to have breached any duty that was owed to the injured party, and therefore it operates as strict or no-fault liability. It is possible that the injured party could be either an employee or a stranger, and the employer can be held vicariously liable in both situations. The most important element to establishing a case for vicarious liability is that the wrongdoer be acting as a servant or employee, and that the wrong done be connected to the employee's course of employment. Vicarious liability can only be imposed if it is proved that the employee was acting “in the course of employment.” This criteria is essential, and requires a clear connection between the employment duties and the employee's acts complained of. As such, most employer's will...
Words: 2814 - Pages: 12
...businesses and governments appear ridiculous to line personnel, who are micro-managed to death by institutional guidelines covering the minutes aspects of their work yet see leaders who appear to violate laws governing major phases of their business. This article advances the notion that the "law on the books" - positive law - has become the basic ethic of our business and social culture today. That is, people have come to accept the notion that if they have followed the law on the books in a democratic society, that is probably all that society can and should expect of them. This is the ethic of legal positivism. The remainder of this article is devoted to exploring why positive law has assumed such a dominant ethical position in the United States, examining some situations supporting the thesis that positive law is our basic ethic, discussing possible problems with this notion, and evaluating the likelihood that this...
Words: 9312 - Pages: 38
...trial. Litigation in the United States ¶8001 U.S. Tort Costs Climbing The U.S. tort system cost $248.1 billion in 2009, which was about $808 per U.S. citizen ($12 in 1950). U.S. tort costs accounted for 1.74 percent of GDP (2.09 in 2002). Increasingly inefficient, the U.S. tort system returns less than 50 cents on the dollar to people it is designed to help; only about 22 cents to compensate for actual loss. ¶8006 A Dispute Begins There are two different courtroom environments: civil and criminal. Some experts believe it is more difficult to convict in a criminal trial (e.g., Casey Anthony). Types of Litigation Services Provided by Accountants ¶8011 Consultant An accountant may be hired by an attorney to gather and interpret facts, prepare analyses, help the attorney interpret evidence, advise about issues and strategies involved in a legal matter, locate other accountants to act as consultants or expert witnesses, and help expert witnesses form their opinions. Accountants acting as consultants will not be asked to testify in a judicial or regulatory proceeding, and their work usually will be protected from disclosure by the attorney work product privilege. ¶8016 Expert Witness An accountant may be retained by an attorney or court as an expert witness to testify in a judicial or administrative proceeding. Accountants often are asked to lend their expertise to shareholder disputes, valuation controversies, and commercial damage claims. Accountants retained as expert witnesses...
Words: 6617 - Pages: 27
