Citations with the tag: NEGLIGENCE
Results 1 - 50
- Medical law and risk management.
// Reporter; Jun91, Vol. 18 Issue 2, p18
Examines medical liability and risk management in the United States. Confusion regarding the coverage of hospital Red Cross volunteers under the Medical Malpractice Immunity Act; Items of discussion at the 1991 Medical Law Consultant's Conference held April 2-4, 1991; Important issues when...
- You Be the Judge.
Donaldson, William // Saturday Evening Post; May/Jun95, Vol. 267 Issue 3, p84
Reports on a court ruling stating that the usual rules of negligence do not apply to churches. Faithful's lawsuit against church for injuries suffered during a stampede following a mass; Churches' existence as places set apart from material phases of people's lives.
- The blame game.
Fee, Rod // New Zealand Management; May98, Vol. 45 Issue 4, p79
Examines the specific meaning of negligence as it relates to a legal responsibility outside of a contract or a statutory duty. Unconscious act or failure to act; Need to find someone to suffer for the loss felt by the victim.
- California court carves exception to malpractice damage cap.
Fee, Rod // Business Insurance; 10/20/97, Vol. 31 Issue 42, p1
Reports that the ruling of a federal district court in California stated that the state's $250,000 damages cap for professional negligence does not apply to the federal emergency room `anti-dumping rule.' Description of the case; Background information on the anti-dumping rule; Description of...
- Fingering negligent property owners.
Fee, Rod // New Orleans CityBusiness (1994 to 2008); 07/07/97, Vol. 18 Issue 1, p14
Editorial. Argues that individuals who try to escape from their responsibilities to a degree which can harm the quality of life of other people, constitutes a problem. Reference to real property owners who give their responsibilities to real estate agents to manage for them; Criticism of...
- Is talk cheap?
Quinn, Fanella // Lawyer; 9/24/2001, Vol. 15 Issue 38, p31
Explores the problems of clinical negligence litigation in Great Britain. Highlights of the report released by the National Audit Office entitled 'Handling Clinical Negligence Claims in England'; Suggestions to address the problems.
- Causation: the last refuge in a weak case?
Korn, Adam; Matthews, Julian // Clinical Risk; Mar2012, Vol. 18 Issue 2, p66
Adam Korn and Julian Matthews of 7 Bedford Row examine legal issues in the area of causation.
- Do not let anything 'fail for the want of a nail'.
Hetrick, Bruce // Indianapolis Business Journal; 12/1/2003, Vol. 24 Issue 38, p54
Discusses the importance avoiding negligence and doing one's best in every responsibility. Impact of the outcome of work of small things on larger things; Movies watched by the author that reinforced his belief in the value of doing small things correctly.
- No-Fault for Motor Vehicles: An Economic Analysis.
Yu-Ping Liao; White, Michelle J. // American Law & Economics Review; Fall2002, Vol. 4 Issue 2, p258
This article compares incentives and efficiency under the pure tort system (the comparative negligence rule) to those under pure and mixed no-fault systems. Under no-fault systems, drivers are allowed to opt out of no-fault and file lawsuits if their damages exceed a certain threshold. We find...
- AN ACCIDENT WAITING TO HAPPEN.
Crow, Rachel // People Management; 11/7/2002, Vol. 8 Issue 22, p22
Examines several court cases of negligence in Great Britain involving employees and employers. Discussion on the case of Knott versus Newham Healthcare National Health Service trust; Background on the Coxall versus Goodyear Great Britain case; Background on the Withers versus Perry Chain Co....
- Automobile Guests.
Crow, Rachel // California Law Review; Nov68, Vol. 56 Issue 6, p1766
Focuses on issues relevant to negligence in California raised by the court decision in the case 'William v. Carr'. Reasons why ordinary negligence will not sustain a recovery; General rule on contributory negligence as a defense to willful conduct.
Crow, Rachel // Accountancy; Apr1973, Vol. 83 Issue 956, p117
Cites the decision of the British Court of Appeal in the 'Arenson v Arenson' case concerning the liability of auditors for negligence. Absence of liability of auditors valuing the shares; Details of the case.
- Accountants who forgot stock relief clawback.
Keenan, Denis // Accountancy; Dec1984, Vol. 95 Issue 1096, p62
Reports on a Great Britain-based case relating to professional negligence of accountants. 'Owen Investments Ltd. v. Bennett, Nash, Wolf'; Complaint relating to the accountants' failure to take note of a stock relief clawback.
- Pharmacy: Negligence in Filling Prescriptions-Hooks SuperX, Inc. v. McLaughlin.
Keenan, Denis // American Journal of Law & Medicine; 1994, Vol. 20 Issue 4, p508
Focuses on the U.S. Supreme Court case Hooks SuperX Inc. v. McLaughlin regarding negligence in filling prescriptions. Ruling that a pharmacist has a duty to a customer not to refill a prescription for an addictive drug as a faster rate than prescribes; Affirmative duty to refrain from...
- NEGLIGENT SEX.
Reidinger, Paul // ABA Journal; Apr87, Vol. 73 Issue 4, p75
Reports that the New York Supreme Court's Appellate Division ruled that a man who infected his partner with herpes can be sued for negligence or fraud. Details of the case; Legal precedents; Policy implications on the justice system.
Ross, Mike // Chartered Accountants Journal; Feb1998, Vol. 77 Issue 1, p76
Focuses on negligence in auditing in the case `Kripps v. Touche Ross' in Canada. Arguments of the plaintiff; Facts of the case; Court ruling.
- Latent Damage Bill.
Ross, Mike // Accountancy; May86, Vol. 97 Issue 1113, p27
Introduces the Latent Damage Bill which is being discussed in the British Parliament in 1986. Aim of enabling people to sue professional advisers and builders for negligent work even though the damage arising from the work was not discovered for many years afterwards.
- Compensation for negligent rent increase.
Greene, Chris; Wisdell, Ana; Maddalena, Christina // Accountancy; Apr89, Vol. 103 Issue 1148, p62
Announces the increased compensation for negligent rent in Great Britain. Reason for increasing the compensation; Cases of negligent rent in Great Britain.
- This Wasn't Foreseeable Either.
Greene, Chris; Wisdell, Ana; Maddalena, Christina // Insurance Advocate; 8/19/2002, Vol. 113 Issue 31, p14
Reports on the case 'Nelson v. Osborne Realty Corp.' in Bronx County, New York which involved a landlord's alleged negligent security. Granting of summary judgment to the landlord.
- comparative fault.
Greene, Chris; Wisdell, Ana; Maddalena, Christina // Taber's Cyclopedic Medical Dictionary (2009); 2009, Issue 21, p498
A definition of the term "comparative fault" is presented.
- Negligent advice costs solicitors pound95,000.
Greene, Chris; Wisdell, Ana; Maddalena, Christina // Accountancy; Nov83, Vol. 94 Issue 1083, p7
Reports a ruling made by the High Court in London against Grays Inn in favor of Socpen Trustees related to negligent advice.
- Fighting fire with ire: Flaming drinks, intoxicated patron spark lawsuits.
Hochstein, Mort // Nation's Restaurant News; 12/11/95, Vol. 29 Issue 49, p37
Presents summaries of two cases involving negligence lawsuits against restaurants in the United States. Burn injuries on customer due to a 190 proof drink; Lawsuit against Carriage House Hotels for failing to stop the drinking of the plaintiff.
- A state court shifts more risk from insurers to doctors.
Rose, Joan R. // Medical Economics; 09/08/97, Vol. 74 Issue 18, p28
Reports that it is easier for a patient to sue his physician over the loss of a chance of survival or recovery due to the doctor's negligence following the endorsement of a legal standard by the Illinois Supreme Court. Reference to appellate courts differing from using the lost chance doctrine...
- Existing duty is prerequisite of negligence.
Gould, Katherine R. // Indiana Lawyer; 9/29/2010, Vol. 21 Issue 15, p17
The article discusses the value of existing duty as prerequisite on the claim of negligence on the part of lawyers.
- Professional negligence - the 'Jeb Fastners' case.
Gould, Katherine R. // Accountancy; Apr1982, Vol. 93 Issue 1064, p8
Offers information on where to gain a report on the case of 'Jeb Fastners Ltd. vs. Marks Bloom & Co.,' which dealt with professional negligence relating to auditing.
- Pass The Macaroni After Your Cook It.
Gould, Katherine R. // Insurance Advocate; 8/12/2002, Vol. 113 Issue 30, p14
Examines a negligence claim filed by a consumer in New York. Facts of the case; Claims and contentions of opposing parties; Basis of the court's decision.
Gould, Katherine R. // ICSC Dictionary of Shopping Center Terms; 2005, p100
A definition of the term "negligence" which refers to the act of being extremely careless, is presented.
- negligent hiring.
Gould, Katherine R. // ICSC Dictionary of Shopping Center Terms; 2005, p100
A definition of the term "negligent hiring," which refers to careless hiring on the part of a shopping center that causes a crime or an accident directly or indirectly, is presented.
- It takes two to tango: Rethinking negligence liability for the sexual transmission of AIDS.
Sundbeck, William // Health Matrix: Journal of Law-Medicine; Summer95, Vol. 5 Issue 2, p397
Proposes that the courts recognize the defenses of contributory and comparative negligence in AIDS transmission cases. General overview of the nature of AIDS; Scope of the AIDS crisis; Case law involving the negligent transmission of venereal disease; Evaluation of attempts to analogize...
- Birth-related injury compensation: Convergence of payments approach.
Symon, Andrew // British Journal of Midwifery; Dec2011, Vol. 19 Issue 12, p825
This article addresses some of the issues regarding birth-related compensation claims in Great Britain. It attributes the case of legal reform to reports of large compensation payouts for birth-related claims. It warns about anomalies emerged from lump sum payments. The certainty about forecasts...
- The Problem with Negligence.
King, Matt // Social Theory & Practice; Oct2009, Vol. 35 Issue 4, p577
The article illustrates how negligence is a form of inadvertence. It outlines the arguments on negligence and explores the arguments between negligence as the absence of conscious mental element. A proposed model to be able to distinguish between negligence and inadvertence is offered. The...
King, Matt // A-Z of Health & Safety; 2006, p379
The chapter titled "Negligence" of the book "The A-Z of Health and Safety" is presented. It offers information on the legal procedure and consideration of industrial negligence in Great Britain. It discusses the three principal elements of a claim for negligence, and the defences that can be...
- Avoiding litigation: what aesthetic nurses need to know about clinical negligence.
LUCKMAN, MANDY // Journal of Aesthetic Nursing; Apr2014, Vol. 3 Issue 3, p136
No abstract available.
- Arizona Firm Pays $2.2M, Settles Suit.
Williamson, Richard; Albanese, Elizabeth // Bond Buyer; 8/23/2002, Vol. 341 Issue 31456, p1
Reports the settlement payment by Peacock, Hislop, Staley & Given Inc. for the alleged negligence of financial adviser in Arizona. Implication of litigation to possible bankruptcy of Phoenix-based firm; Dismissal of original lawsuit and continuation of business; Sale of nonrated revenue bond...
- Bolam test must clear hurdle of rational analysis.
Gooderham, Peter // Pulse; 4/26/2004, Vol. 64 Issue 17, p20
Presents a letter to the editor about the comments by Michael Rawlins on a negligence case of a doctor in the April 12, 2004 issue of "Pulse".
- Analysis of Recent Attempts to Assert Medical Negligence Claims 'Outside' Texas's Article 4590i.
Wilkerson, Glen M.; Davis, David M.; Cleveland, Wes; Young, Michael P. // Review of Litigation; Summer2001, Vol. 20 Issue 3, p657
Examines efforts to renew medical negligence claims provisions under Article 4590i in the 1977 Medical Liability and Insurance Improvement Act (MLIIA) in Texas. Illustration of the common law system at work under the article; Limitations detailed in the article's provisions; Disputes on...
- Tripped up.
Poddgers, James // ABA Journal; Dec96, Vol. 82 Issue 12, p38
Discusses the rulings in several `slip and fall' negligence cases. Decision by the 3rd US Circuit Court of Appeals in `Federoczyk v. Caribbean Cruise Lines Ltd.'; Texas Supreme Court's decision in `Motel 6 G.P., Inc. v. Lopez'; Dismissal of plaintiffs' claims; Finding statutory negligence.
- Book Review.
Dudley, James I. // FBI Law Enforcement Bulletin; Dec99, Vol. 68 Issue 12, p17
Reviews the book `Official Negligence: How Rodney King and the Riots Changed Los Angeles and the LAPD,' by Lou Cannon.
- What is loading and unloading.
Marmorstein, Robert J. // Insurance Advocate; 06/22/96, Vol. 107 Issue 25, p22
Discusses a court decision by the New Jersey Appellate Court regarding negligence in loading and unloading goods from a truck. Background on case filed by injured trucker Joseph Kennedy against the Jefferson Smurfit Co.
- Someone Wasn't Watching The Kids.
Marmorstein, Robert J. // Insurance Advocate; 8/5/2002, Vol. 113 Issue 29, p14
Discusses the court ruling on a case concerning the school bus operator Punctual Express in New York. Allegation on the company's negligence; Lack of evidence against the defendant.
- Someone Wasn't Watching These Kids, Either.
Marmorstein, Robert J. // Insurance Advocate; 8/5/2002, Vol. 113 Issue 29, p14
Discusses a court ruling on a case concerning an infant plaintiff who was burned when the six-year old defendant dropped a cup of hot water on him in New York. Allegation of the plaintiffs; Affirmation of the appellate division; Dismissal of the negligence claim.
- Look Out Below---Above Too.
Marmorstein, Robert J. // Insurance Advocate; 3/17/2003, Vol. 114 Issue 11, p14
Discusses a New York court case involving negligence on the part of the defendant, a store owner, for failing to guard a trap door while uncovered. Case background; Plaintiff's injury after falling into a trap door in the floor of the defendant's store.
- Cuts may leave us at risk of breaching our duty of care to vulnerable children.
Marmorstein, Robert J. // Community Care; 2/11/2010, Issue 1805, p34
The article provides an answer to a question seeking advice concerning the negligence of social services councillors in providing services to vulnerable children.
- England and Wales introduce new system for medical negligence claims.
Dyer, Clare // BMJ: British Medical Journal (International Edition); 05/01/99, Vol. 318 Issue 7192, p1165
Focuses on the implementation of the `pre-action' protocol, procedure for medical negligence claims in England and Wales. Cost of medical negligence claims; Comments from Alastair Scotland, director of medical education and research at the Chelsea and Westminster Healthcare National Health...
- Security is on Our Minds.
Dyer, Clare // Library Imagination Paper; Fall2002, Vol. 24 Issue 4, p1
Focuses on the need for librarians to be aware on security pitfalls in the U.S. Vulnerability of librarians to negligence lawsuits; List of security pitfalls; Suggestions to enhance security in the library.
- Take cover!
Grindle, Lucretia; Rotondo, Nick // Practical Horseman; Aug98, Vol. 26 Issue 8, p74
Gives advice on how horse riding instructors can protect themselves from possible negligence charges. Basic insurance policies that must cover the teaching setup; Significance of maintaining a record; Other practical protection pointers. INSETS: Release pointers;From the student's side.
- If you blow the whistle on a doctor.
Loraine, Kaye // RN; Aug84, Vol. 47 Issue 8, p11
Gives advice on how a nurse can report a negligent physician. Description of a situation which illustrates a surgeon's negligence; Steps in whistleblowing a physician; How to deal with the negligent doctor; Discussion on what to do if a job is affected. INSET: More advice from RN's legal experts.
- Catastrophe on Delivery.
Loraine, Kaye // Cortlandt Forum; 8/25/2002, Vol. 15 Issue 8, p20
Discusses a malpractice case in the United States involving a neurologist who was sued when the baby born to a patient he was treating suffers brain damage. Case background; Allegation that the neurologist failed to ensure that the patient received the medication he had ordered; Use of high/low...
- The Uneasy Case for Comparative Negligence.
Bar-Gill, Oren; Ben-Shahar, Omri // American Law & Economics Review; Fall2003, Vol. 5 Issue 2, p433
This article questions, and in some contexts disproves, the validity of the efficiency justifications for the comparative negligence rule. One argument in the literature suggests that comparative negligence is the superior rule in the presence of court errors. The analysis here shows the...
- California court rules city can be sued.
Wojcik, Joanne // Business Insurance; 5/15/95, Vol. 29 Issue 20, p3
Reports on the ruling of a California high court on a case that California cities can be sued for negligence by criminal suspects who are injured while fleeing from the police. Details of the case; Recommendations for public entity risks managers establishing policies on vehicle use.