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.
- 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.
- California court carves exception to malpractice damage cap.
Quinn, Fanella // 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...
- 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...
- Automobile Guests.
Yu-Ping Liao; White, Michelle J. // 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.
Yu-Ping Liao; White, Michelle J. // 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.
- comparative fault.
Ross, Mike // Taber's Cyclopedic Medical Dictionary (2009); 2009, Issue 21, p498
A definition of the term "comparative fault" is presented.
- 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.
- Latent Damage Bill.
Gould, Katherine R. // 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.
- 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.
- Inform and clarify.
Holden, A. C. L. // British Dental Journal; 1/23/2015, Vol. 218 Issue 2, p44
A letter to the editor is presented on dental negligence.
- This Wasn't Foreseeable Either.
Holden, A. C. L. // 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.
- 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...
Rose, Joan 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.
Rose, Joan 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.
- Wisconsin is 38th state to adopt an 'apology' law.
Rose, Joan R. // Oncology Nurse Advisor; May/Jun2014, Vol. 5 Issue 3, p11
No abstract available.
- 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...
- 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.
- 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...
- Scotland consults on wilful neglect law.
Symon, Andrew // Therapy Today; Feb2015, Vol. 26 Issue 1, p55
The article discusses the inclusion of counsellors and psychotherapists in Scotland in the coverage of the new offence of willful neglect proposed by the Scottish government according to the British Association for Counselling and Psychotherapy (BACP). Topics covered include the Scottish...
- 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.
- 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.
- 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.
- Security is on Our Minds.
Marmorstein, Robert J. // 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.
- 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.
- JAL Captain Indicted In Fatal Pitchup.
Sekigawa, Eiichiro; Mecham, Michael // Aviation Week & Space Technology; 5/27/2002, Vol. 156 Issue 21, p42
Reports the indictment of pilot Koichi Takamoto of professional negligence resulting in death in Nagoya, Japan. Account on the accident; Number of casualties; Attempt of Takamoto on overriding the autopilot.
- No hiding place.
Sekigawa, Eiichiro; Mecham, Michael // Management Today; Feb96, p8
Reports that British courts are more likely to go beyond corporate responsibility when pinpointing persons responsible for death as a result of gross negligence in the operation of business activities. Shift as having begun in 1987, during the capsizing of the Herald of free Enterprise; Process...
- Explosives liability.
Heenan, Michael T. // Pit & Quarry; Nov98, Vol. 91 Issue 5, p16
Focuses on the risk of liability facing mine operators who use explosives at their mines. Events that are excluded from jury consideration when determining negligence on the part of the defendant; Cases when even `Acts of God' can be the source of liability notwithstanding the absence of...
- A toxic nightmare on Elm Street: negligence and the real estate broker's duty in selling previously contaminated residential property
Heenan, Michael T. // Boston College Environmental Affairs Law Review; Spring88, Vol. 15 Issue 3/4, p547
No abstract available.
- FOREWORD: COMPARATIVE NEGLIGENCE AT LAST--BY JUDICIAL CHOICE.
Flemming, John G. // California Law Review; Mar1976, Vol. 64 Issue 2, p239
Considers the propriety or impropriety of introducing comparative negligence by judicial rather than legislative fiat. Issue of substantive competence; General relationship between judicial and legislative lawmaking; Appellate decisions in California relating to comparative negligence.
- Molien v. Kaiser Foundation Hospitals: Negligence Actions for Emotional Distress and Loss of Consortium Without Physical Injury.
Flemming, John G. // California Law Review; Jul81, Vol. 69 Issue 4, p1142
Talks about negligence actions for emotional distress and loss of consortium without physical injury in the Molien versus Kaiser Foundation Hospitals case. Presentation of the case; Summary of the majority and minority opinions; Outline of prior law on recovery for emotional distress absent...
- What you should do when the Medical Board calls.
Zuetel Jr., Kenneth R. // Cosmetic Surgery Times; Jun2002, Vol. 5 Issue 5, p29
Presents guidelines for protection of medical licenses against cases of negligence and malpractice from the Medical Board in the U.S. Calmness during investigation and interview process from the complaints; Services from experienced counsel for protection of practice; Preparation of witnesses...