The number and amount of medical malpractice lawsuits are driving up the cost of healthcare. The average jury award in a medical malpractice case is now about $3.5 million‚ a threefold jump since 1994. Fifty-two percent of medical malpractice awards are now above $1 million. One reason for this is due to the practice of “defensive medicine”‚ in which tests and various medical procedures
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the facts of this case‚ using the information found in the case in LexisNexis. (5 points) The facts of the case found in LexisNexis is: a child was burnt‚ not determined if the coffee was served scolding hot or not‚ no breach of warranty‚ and no negligence of emotional damage. 4. According to the case‚ why was this not a case of negligent infliction of emotional distress‚ and what tort did the court approve? (5 points) The court did approve punitive damages but Burger King had nothing to do with
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Professional malpractice is a very serious and demure law .Professional Malpractice is harm to a client caused by the failure to follow professional standards and ethical principles. The failure to follow the codes‚ conducts and laws can result in serious law suits and punishment towards the professional. According to Jacob and Hartshorne suits are filed against school psychologist under the state law if the psychologist/practitioner harms their client by acceptable professional standards of care
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Tort of negligence Legal obligation on persons to exercise reasonable care not to cause harm to others in specified circumstances. In order to establish liability for the Tort‚ the victim has to show: 1. He is owned a duty of care by the tortfeasor; 2. The tortfeasor has beached that duty of care AND 3. The victim has suffered resulting damage Duty of care: The “Neighbor Principle” to establish whether or not a duty of care is owed in the context of the Tort of negligence. First one has to establish
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Legal issues September 30‚ 2013 Case of Negligence 1. During the day‚ duct tape had been used on the floor near the boundary lines of a badminton court. In the evening‚ a participant playing badminton caught her shoe on the tape and suffered a torn meniscus in her knee. Arthroscopic surgery was required and a lengthy convalescence ensued. The municipality was responsible for cleaning the community center‚ including the gym‚ and knew that the tape had been placed on the floor during the day
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Mukhtar Sprat Com.1 Proposition: California’s health department should keep the cap on medical malpractice damages at 250‚000 dollars. Specific purpose: At the end of my speech‚ my audience will raise awareness‚ write a letter to the local representative. Introduction I. Open with Impact: The negligent act by a health care provider‚ in which it causes the patient harm in any way is called medical malpractice. II. Central Idea: Lawyers are trying to push the reform of raising the medical mal practice
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Gross National Product GNP Top 10 (2004) (currency exchange rate) Country GNP ($ mill) 1 United States 10‚945‚792 2 Japan 4‚389‚791 3 Germany 2‚084‚631 4 United Kingdom 1‚680‚300 5 France 1‚523‚025 6 China 1‚417‚301 7 Italy 1‚242‚978 8 Canada 756‚770 9 Spain 698‚208 10 Mexico 637‚159 Gross National Product (GNP) is the total value of final goods and services produced in a year by domestically owned factors of production. Final goods are goods that are ultimately consumed
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Negligence kills Carelessness is the main reason for any accident. If a person drives rashly on road one or two may get injured or killed. When a building is constructed with out following any norms it would result in the death of few people. Where as if an event is organized lack of precautionary measures that may lead to the loss of many lives. Even after witnessing number of fire accidents in the city the concerned authorities fail to implement the existing policies for safety of the public
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The word happiness can be defined as a mental or emotional state of well-being. Happiness is a feeling of satisfaction and pleasure. The topic of happiness is one that has been discussed over centuries by philosophers‚ clergymen and scientists inter alia. Their arguments have been based trying to properly define happiness taking into account what its causes are amongst other things. According to philosopher’s St. Augustine and Thomas Aquinas man’s last end is happiness. All men agree in desiring
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pain and suffering payouts in medical malpractice became dim. Lawyers reported the limit on these awards make it economically impossible to take on frequent malpractice lawsuits. According to Melanie Mason who wrote in a Los Angeles Times (2014) the discord dates back to 1975‚ when the cap was first initiated. Early on‚ separation of support was clearly defined along predominantly partisan lines. For the most part‚ the California Medical Association and malpractice insurance companies allied with Republicans
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