English 111340 23 October 2012 Caps on Medical Malpractice Suits Medical malpractice cases have been on a steady rise. Malpractice has affected most of the United States resulting in an increase on insurance premiums for physicians and a decrease in important specialist. Medical malpractice cap reforms have been adopted by several states across America due to these increases and decreases. Malpractice caps should not be put on medical malpractice cases because the caps cover up the real problem
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found negligent by having a water spill on the floor. However‚ the factors of the time frame‚ that the spill was open and obvious‚ and that Trina did not know of the spill could remove her negligence. Additionally‚ Karen Logan was contributorily negligent here‚ absolving Trina of any negligence claim. Negligence To be negligent‚ the condition of defendant’s property must present an unreasonable risk of harm to people on the property. Here‚ the puddle of water in the middle of the floor was not
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THE TORT OF NEGLIGENCE - DUTY OF CARE EXISTENCE OF A DUTY Donoghue v Stevenson [1932] AC 562‚ • Lord Atkin attempted to lay down a general principle which would cover all the circumstances where the courts had already held that there could be liability for negligence. He said: "The rule that you are to love your neighbour becomes in law‚ you must not injure your neighbour; and the lawyer’s question‚ Who is my neighbour? … You must take reasonable care to avoid acts or omissions which
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Undoubtedly‚ Examination malpractice has become one of the canker worms that have eaten deep into the fabrics of the Nigerian society. It cuts across all levels of our education system. Many reasons have been adduced as being responsible for this ugly phenomenon. Perhaps‚ the most remarkable factor is what I can call academic laziness or better still‚ mediocrity on the part of some students. Those who see examination malpractice as the only way to victory in such “bloody war” as education are
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CELEBRATING EXAMINATION MALPRACTICE? NECO SSCE results this year are the best in five years‚ maybe so‚ to say. But the question is‚ do the results indicate an improvement in standards? Without hesitation‚ I say a big "No!" Truth must be told. EXAMINATION MALPRACTICES have got more ruthless. In my opinion‚ out of the over 1 million candidates that took part in the exams‚ at least 900 thousand must have engaged in malpractice! Is this an outrageous estimation? I want somebody to prove me wrong;
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In Defense of Negligence Crystal J. Bolden Professor Nekia S. Hackworth Elmo Puppeteer Sued over Sexual Allegations November 28‚ 2012 Relevant Facts in the case of Kevin Clash 1 According to New York Daily News‚ November 2012 the voice behind the little red furry friend Elmo from “Sesame Street” is being sued by three different accusers for inappropriate sexual conduct towards under aged kids. The first accuser came fourth stating that he had sexual relations with Kevin
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I. CASE 4.28: Contributory Negligence Facts: • Pride Accountants has been the auditor of Skyhign Ltd for the last five years. • The audited was made for the year ended 30 June 2009‚ where Pride Accountants issued an unqualified opinion of the financial reports. • Skyhigh is a largest client of Pride Accountants. • They have a good working relationship. • In the past‚ audits of Skyhigh have run smoothly and its financial reports have always been unqualified. • The audited was made for the
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Wayne is walking along a footpath near a golf course. He gets struck in the eye with a golf ball. There were no barriers between the golf course and the footpath. The place where Wayne was hit about 100m from a tee (a tee is where players drive the golf ball). Wayne can no longer work as a surgeon and he brings wants to bring legal proceedings against the golf course. REQUIRED Advise Wayne whether he will be successful in legal proceedings against the golf club? ISSUE Has the golf club breached
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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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In this type of negligence special skill is required by the wrong doer‚ i.e. the professional is one‚ who prefers to have some special skill. Any doctor who has established a relationship of professional attendance with a patient and who has undertaken to bring a reasonable degree of care to his course of treatment‚ when fails to undergo such degree of care and skill then he may have shown medical negligence. A professional impliedly assures the person dealing
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