Torts - Non-Profit Hospital Liable to Paying Patient for Negligence
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Torts, expertise, and authority: liability of physicians and managed care organizations.
We examine optimal individual and entity-level liability for negligence when expected accident costs depend on both the agent's level of expertise and the principal's level of authority. We consider these issues in the context of physician and managed care organization (MCO) liability for medical malpractice. Under current law, physicians generally are considered independent contractors and hen...
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The medical profession is one of the noblest professions in the world. However, corporatisation and commercialization of medical profession has made it like any other business and the medical profession is increasingly being guided by the profit motive rather than that of service. Such a situation gave rise to unethical practices and negligence. When business motive comes to the force, service ...
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In three recent cases, hereinafter referred to as the driving cases, the courts have taken up the issue of whether a psychotherapist should be held liable for negligent diagnosis and treatment and failure to warn third parties of a patient's potential danger to others in the operation of an automobile. These cases will be discussed as (1) an extension of the Tarasoff decision, which established...
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In the fourteenth century, it was evidently a familiar principle in the law of torts that no one was liable to make compensation for injuries attributable to some entirely providential cause. Tenants were therefore not liable in Waste for damage caused by tempests,l earthquakes, 2 or fires of spontaneous origin.3 The identical principle obtained in trespass: 4 Fires that arose "suddenly" or "un...
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Introduction: In case of negligence of the medical staff leading to the death of the patient, the offender may be sentenced to imprisonment in addition to paying wergild to the parents of the deceased. However, for the medical staff, being sentenced to imprisonment due to their high social status in the country, in addition to entering and damaging the community's therapeutic community, may hav...
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