13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

Code of Federal Regulations, 2011 CFR

2011-01-01

... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

Code of Federal Regulations, 2014 CFR

2014-01-01

... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

Code of Federal Regulations, 2013 CFR

2013-01-01

... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

Code of Federal Regulations, 2012 CFR

2012-01-01

... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

13 CFR 120.848 - Requirements for 504 loan processing, closing, servicing, liquidating, and litigating by PCLP CDCs.

Code of Federal Regulations, 2010 CFR

2010-01-01

... processing, closing, servicing, liquidating, and litigating by PCLP CDCs. 120.848 Section 120.848 Business..., liquidating, and litigating by PCLP CDCs. (a) General. In processing closing, servicing, liquidating and litigating 504 loans under the PCLP (“PCLP Loans”), the PCLP CDC must comply with Loan Program Requirements...

Why Litigation-Driven History Matters: Lessons Learned from the Secret History of TCE.

PubMed

Zahniser, Keith A

2015-02-01

Litigation drives extensive historical research but often allows only select observers to see the results. Historians have conducted untold studies for litigation that become "secret histories" because these histories are not published. An example is the historical use and regulation of the chemical trichloroethylene (TCE), a hazardous chemical at issue in much environmental litigation, but a topic virtually absent in the secondary literature. This practice seems to contravene accepted standards of open scholarship. Although not directly aligned with the traditional academic model of historical practice, however, historical research and writing for litigation achieve legitimate and important results without abandoning the discipline's professional standards. History done by consultants for litigation is neither a history of compromised standards nor as "secret" as feared.

Combating Weight-Based Bullying in Schools: Is There Public Support for the Use of Litigation?

ERIC Educational Resources Information Center

Puhl, Rebecca; Luedicke, Joerg; King, Kelly M.

2015-01-01

Background: Bullying litigation is an emerging area of law that has increased in response to serious cases of bullying at school. Weight-based bullying is prevalent at school, but no research has examined the use of litigation to address this problem. We assessed public support for litigation approaches to address weight-based bullying at school,…

Litigation in Argentina: challenging the tobacco industry

PubMed Central

Flores, M L; Barnoya, J; Mejia, R; Alderete, E; Pérez‐Stable, E J

2006-01-01

Objective To evaluate the processes and outcomes of tobacco litigation in Argentina and to analyse the strategies of the tobacco industry to oppose litigation using tobacco industry documents. Methods A systematic search of tobacco industry documents on the internet dating from 1978 to 2002. Law library searches using Argentinean official and unofficial reports systems were combined with computerised online searches. Results There have been at least 15 failed litigation cases in Argentina and the tobacco industry presented a concerted defence in every claim regardless of cost. We categorised 11 cases as product liability and nicotine addiction, two as health care reimbursement, and two as criminal law and secondhand smoke. Industry strategies included hiring legal consultants from prestigious international and Argentinean law firms and developing litigation prevention programmes. Industry monitored legal academic meetings, controlled the development of new product liability legislation, obtained favourable opinions from experts, and closely observed the development of litigation in Argentina. Conclusion The strategies used by the industry have been successful in preventing recovery for tobacco injuries through litigation. Argentinean health advocates and lawyers need to be aware of the roles and strategies of the tobacco industry in order to develop effective litigation in Argentina. PMID:16565455

Litigation in Argentina: challenging the tobacco industry.

PubMed

Flores, M L; Barnoya, J; Mejia, R; Alderete, E; Pérez-Stable, E J

2006-04-01

To evaluate the processes and outcomes of tobacco litigation in Argentina and to analyse the strategies of the tobacco industry to oppose litigation using tobacco industry documents. A systematic search of tobacco industry documents on the internet dating from 1978 to 2002. Law library searches using Argentinean official and unofficial reports systems were combined with computerised online searches. There have been at least 15 failed litigation cases in Argentina and the tobacco industry presented a concerted defence in every claim regardless of cost. We categorised 11 cases as product liability and nicotine addiction, two as health care reimbursement, and two as criminal law and secondhand smoke. Industry strategies included hiring legal consultants from prestigious international and Argentinean law firms and developing litigation prevention programmes. Industry monitored legal academic meetings, controlled the development of new product liability legislation, obtained favourable opinions from experts, and closely observed the development of litigation in Argentina. The strategies used by the industry have been successful in preventing recovery for tobacco injuries through litigation. Argentinean health advocates and lawyers need to be aware of the roles and strategies of the tobacco industry in order to develop effective litigation in Argentina.

Litigation-Generated Science: Why Should We Care?

PubMed Central

Boden, Leslie I.; Ozonoff, David

2008-01-01

Background In a 1994 Ninth Circuit decision on the remand of Daubert v. Merrell Dow Pharmaceuticals, Inc., Judge Alex Kosinski wrote that science done for the purpose of litigation should be subject to more stringent standards of admissibility than other science. Objectives We analyze this proposition by considering litigation-generated science as a subset of science involving conflict of interest. Discussion Judge Kosinski's formulation suggests there may be reasons to treat science involving conflict of interest differently but raises questions about whether litigation-generated science should be singled out. In particular we discuss the similar problems raised by strategically motivated science done in anticipation of possible future litigation or otherwise designed to benefit the sponsor and ask what special treatment, if any, should be given to science undertaken to support existing or potential future litigation. Conclusion The problems with litigation-generated science are not special. On the contrary, they are very general and apply to much or most science that is relevant and reliable in the courtroom setting. PMID:18197310

Litigation-generated science: why should we care?

PubMed

Boden, Leslie I; Ozonoff, David

2008-01-01

In a 1994 Ninth Circuit decision on the remand of Daubert v. Merrell Dow Pharmaceuticals, Inc., Judge Alex Kosinski wrote that science done for the purpose of litigation should be subject to more stringent standards of admissibility than other science. We analyze this proposition by considering litigation-generated science as a subset of science involving conflict of interest. Judge Kosinski's formulation suggests there may be reasons to treat science involving conflict of interest differently but raises questions about whether litigation-generated science should be singled out. In particular we discuss the similar problems raised by strategically motivated science done in anticipation of possible future litigation or otherwise designed to benefit the sponsor and ask what special treatment, if any, should be given to science undertaken to support existing or potential future litigation. The problems with litigation-generated science are not special. On the contrary, they are very general and apply to much or most science that is relevant and reliable in the courtroom setting.

Litigations and the Obstetrician in Clinical Practice

PubMed Central

Adinma, JIB

2016-01-01

The expectation of obstetrics is a perfect outcome. Obstetrics malpractice can cause morbidity and mortality that may engender litigation. Globally, increasing trend to litigation in obstetrics practice has resulted in high indemnity cost to the obstetrician with consequent frustration and overall danger to the future of obstetrics practice. The objective was to review litigations and the Obstetrician in Clinical Practice, highlighting medical ethics, federation of gynecology and obstetrics (FIGO’s) ethical responsibility guideline on women's sexual and reproductive health and right; examine the relationship between medical ethics and medical laws; X-ray medical negligence and litigable obstetrics malpractices; and make recommendation towards the improvement of obstetrics practices to avert misconduct that would lead to litigation. Review involves a literature search on the internet in relevant journals, textbooks, and monographs. Knowledge and application of medical ethics are important to the obstetricians to avert medical negligence that will lead to litigation. A medical negligence can occur in any of the three triads of medicare viz: Diagnosis, advice/counseling, and treatment. Lawsuits in obstetrics generally center on errors of omission or commission especially in relation to the failure to perform caesarean section or to perform the operation early enough. Fear of litigation, high indemnity cost, and long working hours are among the main reasons given by obstetricians for ceasing obstetrics practice. Increasing global trend in litigation with high indemnity cost to the obstetrician is likely to jeopardize the future of obstetrics care especially in countries without medical insurance coverage for health practitioners. Litigation in obstetrics can be prevented through the Obstetrician's mindfulness of its possibility; acquainting themselves of the medical laws and guidelines related to their practice; ensuring adequate communication with, and consent of patients during treatment together with proper and correct documentation of cases. The supervision of resident-in-training, development and implementation of obstetrics protocol, and continuing medical education of obstetricians are also important factors to the prevention of litigation in obstetrics. PMID:27213088

48 CFR 252.204-7015 - Disclosure of Information to Litigation Support Contractors.

Code of Federal Regulations, 2014 CFR

2014-10-01

... Information to Litigation Support Contractors (FEB 2014) (a) Definitions. As used in this clause: Litigation..., financial, proprietary, or privileged nature. The term includes technical data and computer software, but...

Vexatious Litigants and the ADA: Strategies to Fairly Address the Need to Improve Access for Individuals with Disabilities.

PubMed

Hull, Helia Garrido

2016-01-01

This Article addresses the need to reform the ADA to prevent vexatious litigation and to promote the underlying goals of the Act. Part I of this Article introduces the topic of vexatious litigation and the importance of remedying the effects of exploitation of the ADA. Part II provides an overview of the ADA and its efforts to increase accessibility to individuals with disabilities, emphasizing the provisions of the Act that create incentives to engage in vexatious litigation. Part III examines and analyzes the judiciary's response to vexatious litigation under the ADA, and sanctions that have been issued to limit exploitation. Finally, Part IV provides recommendations to reform the ADA and state disability law counterparts, suggests corrective actions to address vexatious litigation, and identifies methods to promote equality for individuals with disabilities.

32 CFR 516.55 - Witnesses for a State or private litigant.

Code of Federal Regulations, 2010 CFR

2010-07-01

... state or local proceedings for a party other than the United States, including cases involving domestic violence or child abuse, will be referred to Litigation Division. Litigation Division may authorize travel...

40 CFR 66.6 - Effect of litigation; time limits.

Code of Federal Regulations, 2010 CFR

2010-07-01

... (CONTINUED) ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA Purpose and Scope § 66.6 Effect of litigation; time limits. (a) The existence of any litigation on the validity of these regulations shall not...

The effect of threat of litigation on forensic pathologist diagnostic decision making.

PubMed

Oliver, William Russell

2011-12-01

Recent litigation involving medical examiners has caused concern over certifying deaths. We administered a survey of 716 medical examiners regarding the effects of the threat of litigation. Two hundred twenty-two medical examiners responded (31%). Of those who responded, approximately 13.5% admitted to having modified their diagnostic findings due to threat of litigation, and approximately 32.5% stated these considerations would affect their decisions in the future. Physicians who indicated they had or would modify their diagnoses expressed more concern over the possibility of litigation. Chiefs of services were less likely than staff members to indicate changing diagnoses. Practitioners whose jurisdictions included rural areas were significantly more likely to indicate that litigation considerations would affect their diagnoses in the future, although this was not true with those who had already modified their diagnoses. No correlation was found with elected versus appointed positions, accreditation status, sex, race, geographic location, or board certification. Although very few medical examiners have actually been sued because of their diagnoses, a demonstrated threat of litigation has a substantial effect on diagnostic decision making.

An exploration of the effects of clinical negligence litigation on the practice of midwives in England: A phenomenological study.

PubMed

Robertson, Judith H; Thomson, Ann M

2016-02-01

to explore how midwives׳ personal involvement in clinical negligence litigation affects their midwifery practice. descriptive phenomenological study using semi-structured interviews. in 2006-2007 in-depth interviews were conducted in participants׳ homes or at their place of work and focused on participants׳ experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. clinical practice affected was an increase in documentation, fear of practising outside clinical guidelines and electronic fetal monitoring of women at low obstetric risk; these changes were not widespread. Changes in practice were sometimes perceived negatively and sometimes positively. Forming a good relationship with childbearing women was judged to promote effective midwifery care but litigation had affected the ability of a minority of midwives to advocate for women if this relationship had not been established. Litigation could result in loss of confidence leading to self-doubt, isolation, increased readiness to seek medical assistance and avoidance of working in the labour ward, perceived as an area with a high risk of litigation. A blame culture in the NHS was perceived by several midwives. In contrast an open non-punitive culture resulted in midwives readily reporting mistakes to risk managers. Litigation lowered midwifery morale and damaged professional reputations, particularly when reported in the newspapers. Some midwives expressed thoughts of leaving midwifery or taking time off work because of litigation but only one was actively seeking other employment, another took sick leave and one had left midwifery and returned to nursing. litigation can have a negative effect on midwives׳ clinical practice and morale and fosters a culture of blame within the NHS. education regarding appropriate documentation, use or non-use of electronic fetal monitoring and the legal status of clinical guidelines will enable midwives to respond proportionately to the threat of litigation. A culture of openness and sharing the problem when adverse events occur would help to extinguish the current blame culture in the National Health Service. Litigation must be recognised by management as capable of inducing loss of confidence and reluctance to work in the labour ward. Promoting teamwork will help support these midwives. The potential for litigation in maternity care could affect retention of the midwifery workforce. Copyright © 2015 Elsevier Ltd. All rights reserved.

49 CFR 1103.31 - Responsibility for litigation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 false Responsibility for litigation. 1103.31 Section 1103.31 Transportation Other Regulations Relating to Transportation (Continued) SURFACE TRANSPORTATION... Duties and Responsibilities Regarding Witnesses, Other Litigants and the Public § 1103.31 Responsibility...

48 CFR 204.7401 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 48 Federal Acquisition Regulations System 3 2014-10-01 2014-10-01 false Definitions. 204.7401... OF DEFENSE GENERAL ADMINISTRATIVE MATTERS Disclosure of information to litigation support contractors 204.7401 Definitions. “Litigation support,” “litigation support contractor,” and “sensitive...

48 CFR 3442.7002 - Litigation and claims clause.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 7 2010-10-01 2010-10-01 false Litigation and claims clause. 3442.7002 Section 3442.7002 Federal Acquisition Regulations System DEPARTMENT OF EDUCATION ACQUISITION REGULATION CONTRACT MANAGEMENT CONTRACT ADMINISTRATION Contract Monitoring 3442.7002 Litigation...

Malpractice litigation and nursing home quality of care.

PubMed

Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

2013-12-01

To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. © Health Research and Educational Trust.

32 CFR 516.21 - Litigation against government contractors.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 3 2014-07-01 2014-07-01 false Litigation against government contractors. 516... Litigation against government contractors. (a) General. A contract might require that the government... the underlying contract with the government requires reimbursement for adverse judgments or costs of...

Trends in malpractice litigation in relation to the delivery of breast care in the National Health Service.

PubMed

Morgan, Jenna L; Vijh, Rajesh

2013-10-01

Malpractice litigation involving the delivery of breast care has been evaluated in the United States of America (USA) but is a relatively new area of study in the United Kingdom (UK). We sought to study and evaluate the emerging trends in litigation claims in relation to breast disease with the National Health Service Litigation Authority (NHSLA) over the last 15 years, up to December 2010. Copyright © 2013 Elsevier Ltd. All rights reserved.

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 6 Domestic Security 1 2011-01-01 2011-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 6 Domestic Security 1 2012-01-01 2012-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 6 Domestic Security 1 2014-01-01 2014-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

Teacher Fear of Litigation for Disciplinary Actions

ERIC Educational Resources Information Center

Holben, Diane M.; Zirkel, Perry A.; Caskie, Grace I. L.

2009-01-01

The present study determined the extent to which teachers' fear of litigation limits their disciplinary actions, including any significant differences by period, demographic factors, and item type. Teachers' perceptions of limitations placed on their disciplinary actions do not substantiate the "paralyzing fear" of litigation that…

6 CFR 25.7 - Litigation management.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Litigation management. 25.7 Section 25.7 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES § 25.7 Litigation management. (a) Liability for all claims...

Explaining the unexplainable - the impact of physicians' attitude towards litigation on their incident disclosure behaviour.

PubMed

Renkema, Erik; Broekhuis, Manda H; Ahaus, Kees

2014-10-01

This study aims to provide in-depth insight into the emotions and thoughts of physicians towards malpractice litigation, and how these relate to their incident disclosure behaviour. Thirty-one Dutch physicians were interviewed and completed short questionnaires regarding malpractice litigation. We used hierarchical cluster analysis to identify physician clusters. Additional qualitative data were analysed. Physicians vary largely in their attitude towards malpractice litigation, and their attitude is not straightforward related to their disclosure behaviour. Based on their responses physicians could be divided into two clusters: one with a positive and one with a negative attitude. Physicians with a negative attitude showed often, but also 6 out of 15 not, a reluctance to disclose, whereas the majority in the positive attitude cluster (12 out of 16) showed no reluctance. If, what and how physicians disclose incidents depends on a complex interplay of their emotions and thoughts regarding litigation, and not only on their fear of litigation as many studies assume. Due to the variation among physicians in their litigation attitude and behaviour in terms of incident disclosure the oft-heard call for 'openness' about medical incidents will not be easy to achieve. A coaching system in which physicians can share and discuss their differing attitudes and disclosure principles, teaching medical students and junior physicians about disclosure, and explaining how to organize emotional and legal support for oneself in case of litigation could decrease stress feelings and support open disclosure behaviour. © 2014 John Wiley & Sons, Ltd.

Civilizing Civil Procedure.

ERIC Educational Resources Information Center

Ticcioni, Daniel A.

1981-01-01

A "Civil Litigation Exercise" (a litigation simulation) conducted during the second semester of a first year procedure course at the New England School of Law is described. The purpose of the exercise is to simulate the real world of adversary pleading and practice. The Civil Procedure Litigation exercises are appended. (MLW)

34 CFR 674.46 - Litigation procedures.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 34 Education 3 2010-07-01 2010-07-01 false Litigation procedures. 674.46 Section 674.46 Education Regulations of the Offices of the Department of Education (Continued) OFFICE OF POSTSECONDARY EDUCATION, DEPARTMENT OF EDUCATION FEDERAL PERKINS LOAN PROGRAM Due Diligence § 674.46 Litigation procedures. (a)(1) If...

49 CFR 1103.25 - Treatment of witnesses, litigants and other counsel.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 false Treatment of witnesses, litigants and other counsel. 1103.25 Section 1103.25 Transportation Other Regulations Relating to Transportation (Continued... § 1103.25 Treatment of witnesses, litigants and other counsel. (a) A practitioner shall always treat...

49 CFR 1103.26 - Discussion of pending litigation in the public press.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 8 2010-10-01 2010-10-01 false Discussion of pending litigation in the public press. 1103.26 Section 1103.26 Transportation Other Regulations Relating to Transportation (Continued... § 1103.26 Discussion of pending litigation in the public press. Attempts to influence the action and...

32 CFR 516.65 - Litigation reports in civil recovery cases.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation reports in civil recovery cases. 516.65 Section 516.65 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.65...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 28 Judicial Administration 1 2011-07-01 2011-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 28 Judicial Administration 1 2012-07-01 2012-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 28 Judicial Administration 1 2014-07-01 2014-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

28 CFR 0.48 - International trade litigation.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 28 Judicial Administration 1 2013-07-01 2013-07-01 false International trade litigation. 0.48... Division § 0.48 International trade litigation. The Attorney-in-Charge, International Trade Field Office... and all other papers filed in the Court of International Trade, when the United States is an adverse...

32 CFR 516.35 - Preparation of claims for litigation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... AUTHORITIES AND PUBLIC RELATIONS LITIGATION Legal Proceedings Initiated by the United States Medical Care and... applicable state law. (See Fed. R. Civ. P. 11) (2) Copies of all medical records and bills reflecting the... for litigation should briefly summarize the facts giving rise to the claim and the collection actions...

32 CFR 516.21 - Litigation against government contractors.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 3 2012-07-01 2009-07-01 true Litigation against government contractors. 516.21... government contractors. (a) General. A contract might require that the government reimburse a contractor (or... with the government requires reimbursement for adverse judgments or costs of the litigation, the SJA or...

12 CFR 792.66 - Exemptions.

Code of Federal Regulations, 2013 CFR

2013-01-01

... provided to the requesting individual. (4) System NCUA-13, entitled, “Litigation Case Files,” consists of investigatory materials compiled for law enforcement purposes. Records in the Litigation Case Files system are... under subsection (k)(2) of the Privacy Act. 5 U.S.C. 552a(k)(2). The Litigation Case Files system is...

12 CFR 792.66 - Exemptions.

Code of Federal Regulations, 2014 CFR

2014-01-01

... provided to the requesting individual. (4) System NCUA-13, entitled, “Litigation Case Files,” consists of investigatory materials compiled for law enforcement purposes. Records in the Litigation Case Files system are... under subsection (k)(2) of the Privacy Act. 5 U.S.C. 552a(k)(2). The Litigation Case Files system is...

12 CFR 792.66 - Exemptions.

Code of Federal Regulations, 2011 CFR

2011-01-01

... provided to the requesting individual. (4) System NCUA-13, entitled, “Litigation Case Files,” consists of investigatory materials compiled for law enforcement purposes. Records in the Litigation Case Files system are... under subsection (k)(2) of the Privacy Act. 5 U.S.C. 552a(k)(2). The Litigation Case Files system is...

12 CFR 792.66 - Exemptions.

Code of Federal Regulations, 2012 CFR

2012-01-01

... provided to the requesting individual. (4) System NCUA-13, entitled, “Litigation Case Files,” consists of investigatory materials compiled for law enforcement purposes. Records in the Litigation Case Files system are... under subsection (k)(2) of the Privacy Act. 5 U.S.C. 552a(k)(2). The Litigation Case Files system is...

12 CFR 792.66 - Exemptions.

Code of Federal Regulations, 2010 CFR

2010-01-01

... provided to the requesting individual. (4) System NCUA-13, entitled, “Litigation Case Files,” consists of investigatory materials compiled for law enforcement purposes. Records in the Litigation Case Files system are... under subsection (k)(2) of the Privacy Act. 5 U.S.C. 552a(k)(2). The Litigation Case Files system is...

32 CFR 516.65 - Litigation reports in civil recovery cases.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation reports in civil recovery cases. 516.65 Section 516.65 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.65...

Adequacy, Litigation, and Student Achievement

ERIC Educational Resources Information Center

Glenn, William

2008-01-01

The court system has been an increasingly important forum in the attempts to remedy the persistent achievement gaps in American education. In the past twenty years, school finance adequacy litigation has replaced desegregation as the most widely used legal strategy in these efforts. Despite the widespread use of adequacy litigation, few…

Malpractice Litigation and Nursing Home Quality of Care

PubMed Central

Konetzka, R Tamara; Park, Jeongyoung; Ellis, Robert; Abbo, Elmer

2013-01-01

Objective. To assess the potential deterrent effect of nursing home litigation threat on nursing home quality. Data Sources/Study Setting. We use a panel dataset of litigation claims and Nursing Home Online Survey Certification and Reporting (OSCAR) data from 1995 to 2005 in six states: Florida, Illinois, Wisconsin, New Jersey, Missouri, and Delaware, for a total of 2,245 facilities. Claims data are from Westlaw's Adverse Filings database, a proprietary legal database, on all malpractice, negligence, and personal injury/wrongful death claims filed against nursing facilities. Study Design. A lagged 2-year moving average of the county-level number of malpractice claims is used to represent the threat of litigation. We use facility fixed-effects models to examine the relationship between the threat of litigation and nursing home quality. Principal Findings. We find significant increases in registered nurse-to-total staffing ratios in response to rising malpractice threat, and a reduction in pressure sores among highly staffed facilities. However, the magnitude of the deterrence effect is small. Conclusions. Deterrence in response to the threat of malpractice litigation is unlikely to lead to widespread improvements in nursing home quality. This should be weighed against other benefits and costs of litigation to assess the net benefit of tort reform. PMID:23741985

32 CFR Appendix F to Part 323 - Litigation Status Sheet

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Litigation Status Sheet F Appendix F to Part 323 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM Pt. 323, App. F Appendix F to Part 323—Litigation Status...

A Guide to Public Engagement and School Finance Litigation

ERIC Educational Resources Information Center

Public Education Network, 2005

2005-01-01

This guide was developed to encourage community organizations to employ public engagement strategies in the context of school finance litigation taking place in their states. While litigation may at times seem daunting and complex to non-lawyers, there is much that community-based organizations concerned with education reform can do to become…

11 CFR 111.53 - Litigation by the Commission.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 11 Federal Elections 1 2013-01-01 2012-01-01 true Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111.53 Litigation...

32 CFR Appendix F to Part 323 - Litigation Status Sheet

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 2 2012-07-01 2012-07-01 false Litigation Status Sheet F Appendix F to Part 323 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM Pt. 323, App. F Appendix F to Part 323—Litigation Status...

32 CFR Appendix F to Part 323 - Litigation Status Sheet

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 2 2011-07-01 2011-07-01 false Litigation Status Sheet F Appendix F to Part 323 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DEFENSE LOGISTICS AGENCY PRIVACY PROGRAM Pt. 323, App. F Appendix F to Part 323—Litigation Status...

Protecting Sacred Sites on Public Land: Religion and Alliances in the Mato Tipila-Devils Tower Litigation

ERIC Educational Resources Information Center

Freedman, Eric

2007-01-01

This article traces the Devils Tower litigation in the context of the "Bear Lodge" alliance's theoretical underpinnings, particularly the interrelationship among culture, geographic place, and religion, as well as the institutional mechanisms that regulate litigation alliances in the U.S. judicial system. It discusses principal factors…

45 CFR 30.34 - Claims Collection Litigation Report.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 45 Public Welfare 1 2013-10-01 2013-10-01 false Claims Collection Litigation Report. 30.34 Section 30.34 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES GENERAL ADMINISTRATION CLAIMS COLLECTION Referrals to the Department of Justice § 30.34 Claims Collection Litigation Report. (a)(1) Unless excepted by Justice, the Secretary will complete...

School Finance Litigation across the States: An Update.

ERIC Educational Resources Information Center

Verstegen, D. A., Ed.

This report is an update on eight state-level cases: (1) "School Financier Litigation in Minnesota" (Van D. Mueller), which states students are allowed enhanced access to suburban schools and to Minneapolis magnet schools; (2) "School Finance Litigation across the States--New Hampshire" (Van D. Mueller), which states the court ruled that property…

Panel--lawyers' perspectives on strategic litigation.

PubMed

Eby, David; Olson, Derek; Shime, Jonathan; Sigurdson, Elin

2011-10-01

This article contains summaries of the four presentations made during this panel. David Eby provides a framework for questions every organization should consider before deciding to proceed with litigation. Derek Olson discusses the criminal law of aggravated sexual assault as related to the strategic litigation in R v. Mabior. Jonathan Shime stresses the need for players in the legal sector to educate themselves better on the science surrounding HIV. Finally, Elin Sigurdson outlines the legal arguments advanced in SWUAV, British Columbia's parallel litigation to Ontario's Bedford case, challenging the constitutional validity of provisions of the Criminal Code that endanger the lives of sex workers.

Supplanting the Venom of Litigation with Alternative Dispute Resolution: The Role of Counsellors and Guidance Professionals

ERIC Educational Resources Information Center

Udoh, Nsisong Anthony; Sanni, Kudirat Bimbo

2015-01-01

This literature review attempts to interface counselling with alternative legal practice. The authors proceed by contrasting the adversarial nature of litigation with the conciliatory nature of alternative dispute resolution (ADR) with a view to encouraging seekers of dispute resolution to opt for ADR in lieu of litigation. The paper discusses the…

32 CFR Appendix E to Part 505 - Litigation Status Sheet

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Litigation Status Sheet E Appendix E to Part 505 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS ARMY PRIVACY ACT PROGRAM Pt. 505, App. E Appendix E to Part 505—Litigation Status Sheet...

Developments in Public School Finance: Keeping the Doors Open.

ERIC Educational Resources Information Center

Alexander, M. David; Salmon, Richard G.

Since 1968, there has been a monumental amount of litigation concerning the financing of schools. This seventeenth chapter of a book on school law reviews cases dealing with fiscal equalization of state-supported programs. Many cases litigated since 1977 and two litigated before 1977 are dealt with. In 1973 in the "San Antonio" case, the…

13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 13 Business Credit and Assistance 1 2014-01-01 2014-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 13 Business Credit and Assistance 1 2012-01-01 2012-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 13 Business Credit and Assistance 1 2013-01-01 2013-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

13 CFR 120.975 - CDC Liquidation of loans and debt collection litigation.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 13 Business Credit and Assistance 1 2011-01-01 2011-01-01 false CDC Liquidation of loans and debt... BUSINESS LOANS Development Company Loan Program (504) Authority of Cdcs to Perform Liquidation and Debt Collection Litigation § 120.975 CDC Liquidation of loans and debt collection litigation. (a) PCLP CDCs. If a...

32 CFR Appendix E to Part 505 - Litigation Status Sheet

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation Status Sheet E Appendix E to Part 505 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS ARMY PRIVACY ACT PROGRAM Pt. 505, App. E Appendix E to Part 505—Litigation Status Sheet...

48 CFR 252.204-7013 - Limitations on the Use or Disclosure of Information by Litigation Support Solicitation Offerors.

Code of Federal Regulations, 2014 CFR

2014-10-01

... this provision: Computer software, litigation information, litigation support, sensitive information, and technical data, are defined in the clause at DFARS 252.204-7014, Limitations on the Use or... Offeror, and against any person to whom the Offeror has released or disclosed such data or software, for...

32 CFR Appendix H to Part 310 - Litigation Status Sheet

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 2 2010-07-01 2010-07-01 false Litigation Status Sheet H Appendix H to Part 310 National Defense Department of Defense (Continued) OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PRIVACY PROGRAM DOD PRIVACY PROGRAM Pt. 310, App. H Appendix H to Part 310—Litigation Status Sheet (See § 310.49...

For the Welfare of Children: Lessons Learned from Class Action Litigation

ERIC Educational Resources Information Center

Meltzer, Judith, Ed.; Joseph, Rachel Molly, Ed.; Shookhoff, Andy, Ed.

2012-01-01

This series of papers brings together distinguished experts writing on the use of class action litigation to reform public child welfare systems. It is an effort to tease out of four decades of experience in this work, the factors that increase the likelihood that litigation will result in successful system reform. This publication is an outgrowth…

Evaluative reports on medical malpractice policies in obstetrics: a rapid scoping review.

PubMed

Cardoso, Roberta; Zarin, Wasifa; Nincic, Vera; Barber, Sarah Louise; Gulmezoglu, Ahmet Metin; Wilson, Charlotte; Wilson, Katherine; McDonald, Heather; Kenny, Meghan; Warren, Rachel; Straus, Sharon E; Tricco, Andrea C

2017-09-06

The clinical specialty of obstetrics is under particular scrutiny with increasing litigation costs and unnecessary tests and procedures done in attempts to prevent litigation. We aimed to identify reports evaluating or comparing the effectiveness of medical liability reforms and quality improvement strategies in improving litigation-related outcomes in obstetrics. We conducted a rapid scoping review with a 6-week timeline. MEDLINE, EMBASE, LexisNexis Academic, the Legal Scholarship Network, Justis, LegalTrac, QuickLaw, and HeinOnline were searched for publications in English from 2004 until June 2015. The selection criteria for screening were established a priori and pilot-tested. We included reports comparing or evaluating the impact of obstetrics-related medical liability reforms and quality improvement strategies on cost containment and litigation settlement across all countries. All levels of screening were done by two reviewers independently, and discrepancies were resolved by a third reviewer. In addition, two reviewers independently extracted relevant data using a pre-tested form, and discrepancies were resolved by a third reviewer. The results were summarized descriptively. The search resulted in 2729 citations, of which 14 reports met our eligibility criteria. Several initiatives for improving the medical malpractice litigation system were found, including no-fault approaches, patient safety policy initiatives, communication and resolution, caps on compensation and attorney fees, alternative payment system and liabilities, and limitations on litigation. Only a few litigation policies in obstetrics were evaluated or compared. Included documents showed that initiatives to reduce medical malpractice litigation could be associated with a decrease in adverse and malpractice events. However, due to heterogeneous settings (e.g., economic structure, healthcare system) and variation in the outcomes reported, the advantages and disadvantages of initiatives may vary.

28 CFR 57.1 - Responsibility for the conduct of litigation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... DISCRIMINATION IN THE SUPPLY OF PETROLEUM TO THE ARMED FORCES § 57.1 Responsibility for the conduct of litigation. (a) In accord with 28 CFR 0.45(h), civil litigation under sec. 816 of the Department of Defense... supervision of the Assistant Attorney General in charge of the Civil Division. (b) In accord with 28 CFR 0.55...

28 CFR 57.1 - Responsibility for the conduct of litigation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... DISCRIMINATION IN THE SUPPLY OF PETROLEUM TO THE ARMED FORCES § 57.1 Responsibility for the conduct of litigation. (a) In accord with 28 CFR 0.45(h), civil litigation under sec. 816 of the Department of Defense... supervision of the Assistant Attorney General in charge of the Civil Division. (b) In accord with 28 CFR 0.55...

The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

ERIC Educational Resources Information Center

Chilton, Bradley; Chwialkowski, Paul

2014-01-01

Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

The Impact of Brown on Mexican American Desegregation Litigation, 1950s to 1980s

ERIC Educational Resources Information Center

San Miguel, Guadalupe Jr.

2005-01-01

The Brown v. Board of Education (1954, 1955) decision of the 1950s had no appreciable impact on ongoing Mexican American desegregation litigation during the 1st decade of its implementation. In the long run, however, it led to a shift in the community's litigation strategy for achieving equality of opportunity in the United States and for…

75 FR 7441 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-19

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

75 FR 1751 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-01-13

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and Its Enforcement of Section 11(b) of the Voting Rights Act AGENCY: United... Panther Party Litigation and enforcement of Section 11(b) of the Voting Rights Act. The Commission is...

Assessing the Role of the Courts in Addressing the Educational Problems Caused by Racial Isolation in School Finance Litigation

ERIC Educational Resources Information Center

Green, Preston C., III.

2013-01-01

Since the separate-but-equal era, students attending schools with high concentrations of Black students have attempted to improve the quality of their educations through school finance litigation. Because of the negative effects of racial isolation, Black students might consider mounting school finance litigation to force states to explicitly…

The Expert Witness in Medical Malpractice Litigation

PubMed Central

2008-01-01

Physicians may find serving as an expert witness to be interesting, intellectually stimulating, and financially beneficial. However, potential expert witnesses should be aware of the increased legal scrutiny being applied to expert witness testimony in medical malpractice litigation. In the past, expert witnesses received absolute immunity from civil litigation regarding their testimony. This is no longer the case. Expert witnesses may be subject to disciplinary sanctions from professional organizations and state medical boards. In addition, emerging case law is defining the legal duty owed by the expert witness to the litigating parties. Orthopaedic surgeons who serve as expert witnesses should be familiar with the relevant Standards of Professionalism issued by the American Academy of Orthopaedic Surgeons. PMID:19052827

The Role of Health in Climate Litigation

PubMed Central

Simmens, Samuel J.; Glicksman, Robert; Paddock, LeRoy; Kim, Daniel; Whited, Brittany

2018-01-01

Objectives. To examine how the courts, which play a critical role in shaping public policy, consider public health in climate change and coal-fired power plant lawsuits. Methods. We coded US local, state, and federal court decisions relating to climate change and coal-fired power plants from 1990 to 2016 (n = 873) and qualitatively investigated 139 cases in which litigants raised issues concerning the health impacts of climate change. We also conducted 78 interviews with key litigants, advocates, industry representatives, advising scientists, and legal experts. Results. Health has been a critical consideration in key climate lawsuits, but in a minority of cases. Litigants have presented health arguments most frequently and effectively in terms of airborne exposures. Health impacts have typically been used to gain standing and argue that the evidence for government actions is insufficient. Conclusions. The courts represent a pivotal branch of government in shaping climate policy. Increasing inclusion of health concerns in emergent areas of litigation could help drive more effective climate policymaking. PMID:29698089

[Litigation in obstetrics and gynaecology: experience of a university hospital in France].

PubMed

Shojai, R; Bretelle, F; D'Ercole, C; Boubli, L; Piercecchi, M-D

2013-02-01

To analyse the nature of medico-legal claims in a high-risk speciality. Retrospective review of the causes of medico-legal disputes at the department of Obstetrics and Gynaecology of the North University Hospital of Marseilles between November 1997 and December 2010. Disputes were defined by complaints, judicial or conciliatory claims and intentional declaration of potential medico-legal case by physicians. Fifty-nine controversial medico-legal cases were identified within this 13-year period. Ninety percent (n=53) of cases concerned obstetrics and 10% (n=6) gynaecology. The rate of litigations tripled in a decade. Half of the litigations led to judicial or conciliatory expertise. The average rate of malpractice litigations was 2.4 per physician. Uterine rupture was the most common cause of complaints. Increased awareness of the nature of litigations may help elaborate risk reduction management programs in order to reduce professional liability on the long run. Copyright © 2012 Elsevier Masson SAS. All rights reserved.

Physicians' communication skills with patients and legal liability in decided medical malpractice litigation cases in Japan

PubMed Central

Hamasaki, Tomoko; Takehara, Tadamichi; Hagihara, Akihito

2008-01-01

Background In medical malpractice litigations in recent years in Japan, it is notable that the growing number of medical litigation cases includes the issue of a doctor's explanation to the patient as a pivotal point. The objective of this study was to identify factors of physicians' communication skills with patients, as related to their legal liability, and differences in doctors' communication skills with patients by the type of medical facility. Methods Decisions of medical malpractice litigation cases between 1988 and 2005 in Japan, the pivotal issue of which was a physician's explanation, were analyzed in the study. The content of each decision was summarized using the study variables (information about the patient, doctor, manner of the doctor's explanation, and subsequent litigation), and a database comprising the content of each decision (N = 100) was constructed. In order to evaluate an association between doctors' communication skills with patients and the outcome of the litigation, the analysis was performed based on the outcome of litigation or the type of medical facility. Results The ratio of acknowledged physician liability by court decision was lower in cases in which the doctor's explanation occurred before treatment or surgery (p = 0.013). The ratio of acknowledged physician liability by court decision was higher in cases of elective or non-urgent treatment (p = 0.046). The ratio of acknowledged physician liability by court decision was higher in clinics than in hospital groups (p = 0.036). Conclusion These findings are beneficial for the prevention of medical disputes and improvement of patient-physician communication. PMID:18652700

Image-guidance in endoscopic sinus surgery: is it associated with decreased medicolegal liability?

PubMed

Eloy, Jean Anderson; Svider, Peter F; D'Aguillo, Christine M; Baredes, Soly; Setzen, Michael; Folbe, Adam J

2013-12-01

The use of image-guidance (IG) in endoscopic sinus surgery (ESS) has escalated over the last decade despite a lack of consensus that its use improves outcomes or decreases complications. One theoretical reason for using IG in ESS is its potential to minimize legal liability should an adverse outcome occur. In this study, we aimed to characterize the role of IG in ESS litigation, and further detail other factors in pertinent cases. A secondary objective was to characterize recent malpractice litigation for other relevant factors. Relevant cases from Westlaw were examined to determine whether the use of IG played a role in initiating litigation in ESS malpractice suits. Factors such as patient demographics and alleged cause(s) of malpractice litigation were examined. Out of 30 malpractice cases from 2004 to April 2013, 4 (13.3%) mentioned the use of IG during ESS, although this did not appear to be a factor affecting the plaintiff's decision to initiate litigation, nor the case outcomes. In the 26 cases (86.7%) in which IG was not used, its non-use was not specified as an alleged cause of negligence. Eleven (36.7%) cases were resolved in the defendant's favor. Frequently-cited factors included iatrogenic injury (83.3%), permanent deficits (66.7%), needing additional surgery (63.3%), orbital and intracranial injury, and perceived deficits in informed consent (40.0%). The use of IG was not found to be a factor in ESS litigation. This suggests that not using IG does not necessarily make one more vulnerable to malpractice litigation. © 2013 ARS-AAOA, LLC.

Physicians' communication skills with patients and legal liability in decided medical malpractice litigation cases in Japan.

PubMed

Hamasaki, Tomoko; Takehara, Tadamichi; Hagihara, Akihito

2008-07-25

In medical malpractice litigations in recent years in Japan, it is notable that the growing number of medical litigation cases includes the issue of a doctor's explanation to the patient as a pivotal point. The objective of this study was to identify factors of physicians' communication skills with patients, as related to their legal liability, and differences in doctors' communication skills with patients by the type of medical facility. Decisions of medical malpractice litigation cases between 1988 and 2005 in Japan, the pivotal issue of which was a physician's explanation, were analyzed in the study. The content of each decision was summarized using the study variables (information about the patient, doctor, manner of the doctor's explanation, and subsequent litigation), and a database comprising the content of each decision (N = 100) was constructed. In order to evaluate an association between doctors' communication skills with patients and the outcome of the litigation, the analysis was performed based on the outcome of litigation or the type of medical facility. The ratio of acknowledged physician liability by court decision was lower in cases in which the doctor's explanation occurred before treatment or surgery (p = 0.013). The ratio of acknowledged physician liability by court decision was higher in cases of elective or non-urgent treatment (p = 0.046). The ratio of acknowledged physician liability by court decision was higher in clinics than in hospital groups (p = 0.036). These findings are beneficial for the prevention of medical disputes and improvement of patient-physician communication.

Does litigation increase or decrease health care quality?: a national study of negligence claims against nursing homes.

PubMed

Stevenson, David G; Spittal, Matthew J; Studdert, David M

2013-05-01

The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. We linked information on 6471 negligence claims brought against 1514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from 2 US national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes' litigation experience in the preceding 12-18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥ 1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Nearly all combinations of the 3 litigation exposure measures and 9 quality measures--27 models in all--showed an inverse relationship between litigation costs and quality. However, only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly.

Does litigation increase or decrease health care quality? A national study of negligence claims against nursing homes

PubMed Central

Stevenson, David G.; Spittal, Matthew J.; Studdert, David M.

2016-01-01

Background The tort system is supposed to help improve the quality and safety of health care, but whether it actually does so is controversial. Most previous studies modeling the effect of negligence litigation on quality of care are ecologic. Objective To assess whether the experience of being sued and incurring litigation costs affects the quality of care subsequently delivered in nursing homes. Research Design, Subjects, Measures We linked information on 6,471 negligence claims brought against 1,514 nursing homes between 1998 and 2010 to indicators of nursing home quality drawn from two U.S. national datasets (Online Survey, Certification, and Reporting system; Minimum Data Set Quality Measure/Indicator Reports). At the facility level, we tested for associations between 9 quality measures and 3 variables indicating the nursing homes’ litigation experience in the preceding 12–18 months (total indemnity payments; total indemnity payments plus administrative costs; ≥1 paid claims vs. none). The analyses adjusted for quality at baseline, case-mix, ownership, occupancy, year, and facility and state random effects. Results Nearly all combinations of the 3 litigation exposure measures and 9 quality measures—27 models in all—showed an inverse relationship between litigation costs and quality. However only a few of these associations were statistically significant, and the effect sizes were very small. For example, a doubling of indemnity payments was associated with a 1.1% increase in the number of deficiencies and a 2.2% increase in pressure ulcer rates. Conclusions Tort litigation does not increase the quality performance of nursing homes, and may decrease it slightly. PMID:23552438

Trend of Malpractice Litigation against Neurosurgeons in Japan: An Analysis of Disclosed Database by Courts in Japan from 2001 through 2015.

PubMed

Nagashima, Hisashi; Wada, Yoshitaka; Hongo, Kazuhiro

2017-08-15

Following the modern raising of public awareness, the numbers of malpractice litigation are increasing in the health care delivery system in Japan despite the extensive efforts of physicians. Authors reviewed the issues of litigation and the reasons for court decision from the healthcare-related negligence lawsuits in the past 15 years in Japan and investigated the cautionary points for reducing potential litigation. Healthcare-related negligence lawsuits between January 2001 and December 2015 were retrieved and sorted in each clinical field from the database in Courts in Japan and investigated on the proportional factors of the claims and court decisions in the neurosurgical field. During the period, 446 of healthcare-related court decisions including 41 against neurosurgeons (9.2%) were retrieved. Three of 41 decisions retrieved were decisions to retries for lower court decisions. In 38 claims against the neurosurgeons, 26 identified the negligence and 12 dismissed. In 26 decisions in favor of the plaintiffs, identified negligence in diagnosis in 4, clinical judgment in 3, technical skills in 5, clinical management in 7 and process of informed consent in 7. Five out of 18 decisions after 2006 were identified as negligence in an informed consent process, and additional one, who was mainly identified in inadequate technical skills also identified existing an inadequate informed consent process as a fundamental cause of litigation. Neurosurgeons are a higher risk group for malpractice litigation in Japan and adequate informed consent is important to reduce the risk of litigation.

Settlement Documents: Anadarko Fraudulent Conveyance Litigation

EPA Pesticide Factsheets

Settlement agreement to resolve adversary proceedings related to the fraudulent conveyance litigation with Kerr-McGee and Anadarko Petroleum Corporation associated with the Tronox bankruptcy proceedings

Do fears of malpractice litigation influence teaching behaviors?

PubMed

Reed, Darcy A; Windish, Donna M; Levine, Rachel B; Kravet, Steven J; Wolfe, Leah; Wright, Scott M

2008-01-01

Medical malpractice is prominently positioned in the consciousness of American physicians, and the perceived threat of malpractice litigation may push physicians to practice defensively and alter their teaching behaviors. The purposes of this study were to characterize the attitudes of academic medical faculty toward malpractice litigation and to identify teaching behaviors associated with fear of malpractice litigation. We surveyed 270 full-time clinically active physicians in the Department of Medicine at a large academic medical center. The survey assessed physicians' attitudes toward malpractice issues, fear of malpractice litigation, and self-reported teaching behaviors associated with concerns about litigation. Two hundred and fifteen physicians responded (80%). Faculty scored an average of 25.5 +/- 6.9 (range = 6-42, higher scores indicate greater fear) on a reliable malpractice fear scale. Younger age (Spearman's rho = 0.19, p = .02) and greater time spent in clinical activities (rho = 0.26, p < .001) were correlated with higher scores on the Malpractice Fear Scale. Faculty reported that because of the perceived prevalence of lawsuits and claims made against physicians, they spend more time writing clinical notes for patients seen by learners (74%), give learners less autonomy in patient care (44%), and limit opportunities for learners to perform clinical procedures (32%) and deliver bad news to patients (33%). Faculty with higher levels of fear on the Malpractice Fear Scale were more likely to report changing their teaching behaviors because of this perceived threat (rho = 0.38, p < .001). Physicians report changes in teaching behaviors because of concerns about malpractice litigation. Although concerns about malpractice may promote increased supervision and positive role modeling, they may also limit important educational opportunities for learners. These results may serve to heighten awareness to the fact that teaching behaviors and decisions may be influenced by the malpractice climate.

A phenomenological study of the effects of clinical negligence litigation on midwives in England: the personal perspective.

PubMed

Robertson, Judith H; Thomson, Ann M

2014-03-01

to explore how midwives' personal involvement in clinical negligence litigation affects their emotional and psychological well-being. descriptive phenomenological study using semi-structured interviews. in-depth interviews were conducted in participants' homes or at their place of work and focused on participants' experience of litigation. Participants were recruited from various regions of England. 22 National Health Service (NHS) midwives who had been alleged negligent. unfamiliarity with the legal process when writing statements, attending case conferences and being a witness in court provoked significant stress for midwives. This was exacerbated by the prolonged nature of maternity claims. Support ranged from good to inadequate. Participants who no longer worked for the defendant Trust felt unsupported. Stress could manifest as physical and mental ill-health. Some midwives internalised the allegations of negligence believing their whole career had become worthless. Previous knowledge of the legal process ameliorated the experience. Midwives also exhibited anger and resentment when litigation concluded and some took years to heal from the experience. midwives come from a caring and relational paradigm. When interfacing with the adversarial and contentious paradigm of tort law, midwives can abreact and suffer emotional, physical and psychological harm. Support for midwives experiencing litigation must be improved. Understanding the effects of personal involvement in litigation is important in order to improve the quality of support for this group of midwives. It will also aid development of targeted education for undergraduate, post-graduate and in-service midwives. In the longer term it may help policy makers when considering reform of clinical negligence litigation and NHS employers to structure support mechanisms for staff involved. Copyright © 2013 Elsevier Ltd. All rights reserved.

The Expected Net Present Value of Developing Weight Management Drugs in the Context of Drug Safety Litigation.

PubMed

Chawla, Anita; Carls, Ginger; Deng, Edmund; Tuttle, Edward

2015-07-01

Following withdrawals, failures, and significant litigation settlements, drug product launches in the anti-obesity category slowed despite a large and growing unmet need. Litigation concerns, a more risk-averse regulatory policy, and the difficulty of developing a product with a compelling risk-benefit profile in this category may have limited innovators' expected return on investment and restricted investment in this therapeutic area. The objective of the study was to estimate perceived manufacturer risk associated with product safety litigation and increased development costs vs. revenue expectations on anticipated return on investment and to determine which scenarios might change a manufacturer's investment decision. Expected net present value of a weight-management drug entering pre-clinical trials was calculated for a range of scenarios representing evolving expectations of development costs, revenue, and litigation risk over the past 25 years. These three factors were based on published estimates, historical data, and analogs from other therapeutic areas. The main driver in expected net present value calculations is expected revenue, particularly if one assumes that litigation risk and demand are positively correlated. Changes in development costs associated with increased regulatory concern with potential safety issues for the past 25 years likely did not impact investment decisions. Regulatory policy and litigation risk both played a role in anti-obesity drug development; however, product revenue-reflecting efficacy at acceptable levels of safety-was by far the most important factor. To date, relatively modest sales associated with recent product introductions suggest that developing a product that is sufficiently efficacious with an acceptable level of safety continues to be the primary challenge in this market.

An Analysis of Malpractice Litigation and Expert Witnesses in Plastic Surgery

PubMed Central

Therattil, Paul J.; Chung, Stella; Sood, Aditya; Granick, Mark S.

2017-01-01

Objective: Expert witness testimony is crucial for juror decision making. The goals of this study were to examine the trends in malpractice litigation in plastic surgery and to examine the characteristics of expert witnesses in litigation. Methods: The Westlaw legal database was queried for jury verdict and settlement reports related to plastic surgery cases from 2009 to 2015. Cases were examined for expert witness testimony, procedure performed, alleged injury, cause of action, verdict, and indemnity payments. Results: Ninety-three relevant cases were examined. Mean plaintiff award was $1,036,469, whereas mean settlement was $633,960. The most commonly litigated procedures involved breast surgery (34.4%), liposuction (18.3%), and body contouring (14.0%). Cases involving body contouring (risk ratio [RR] = 1.48; 95% CI, 1.04-2.10) were more likely to result in favor of the defendant, whereas cases involving breast surgery (RR = 0.27; 95% CI, 0.13-0.57) were more likely to result in favor of the plaintiff (P < .05). Cases in which there was claimed pain (RR = 1.22; 95% CI, 1.01-1.48) or emotional distress (RR = 1.38; 95% CI, 1.11-1.70) were more likely to result in favor of the plaintiff (P < .05). The party of a lawsuit was more likely to win the case if its expert witness was a plastic surgeon (P < .05). Conclusion: Plastic surgery litigation tends to favor defendants. Most litigation involves breast surgery, liposuction, and body contouring. The type of procedure and alleged claim affect case success. Parties with a plastic surgeon as an expert witness tend to be more successful in litigation. PMID:29062461

32 CFR 842.12 - HQ USAF claims responsibility.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Administrative Management Program (CAMP) reviews. (2) Implements claims and tort litigation policies, issues... LITIGATION ADMINISTRATIVE CLAIMS Functions and Responsibilities § 842.12 HQ USAF claims responsibility. (a...

25 CFR 87.1 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-04-01

...) Use or distribution means any utilization or disposition of the judgment funds, including programming... courts. (r) Attorney fees and litigation expenses means all fees and expenses incurred in litigating and...

They would if they could: class, gender, and popular representation of English divorce litigation, 1858-1908.

PubMed

Savage, Gail

2011-01-01

A systematic sample of the petitions presented to the English Divorce Court from 1858 through 1908 makes it possible to assess the differential contribution of discrete social and economic subgroups to the litigation the Court oversaw. An examination of four of these -- the titled aristocracy, those employed in the theater, those in receipt of financial aid, and laborers -- shows that English divorce litigants exhibited a broader social profile than commonly attributed to it by the newspaper coverage of divorce litigation, which gave a skewed impression of its social profile. Analysis of these cases underscores the gendered, class, and geographically inflected demand for divorce in a judicial setting that imposed severe restrictions on access to divorce as a remedy for marital breakdown.

22 Emergency department litigation and coroner's inquests: a ten year analysis.

PubMed

Tilbury, Nicholas; Tabner, Andrew; Johnson, Graham

2017-12-01

The burden of litigation within the NHS should not be underestimated. Indemnity costs rise in response to the rising frequency and costs of claims, with recent changes to the discount rate projected to increase NHS Litigation Authority (NHSLA) costs by £1 Billion per year. Litigation also has a significant psychological impact on staff. This study represents the first examination of litigation and Coroner's 'Prevention of Future Deaths' reports relating to emergency department care in the UK. Using the Freedom of Information (FOI) Act (2000) we submitted data requests to both the NHSLA and the Ministry of Justice (MoJ).The NHSLA provided data concerning ED litigation claims between 2006 and 2015 including:Number of claims by yearNumber of successful and unsuccessful claims by yearNumber of settled claimsCost of claims (including defence costs, claimant costs and damages awarded)The MoJ provided data concerning PFD reports issued to EDs between 2006 and 2016. Data concerning PFD reports issued between 2012 and 2015 were extracted from the MoJ website. Data included:Report dateAge and gender of the deceasedReport summary RESULTS: The total number of ED litigation claims made between 2006 and 2015 was 10,040; 5745 (57.2%) resulted in a financial settlement. The number of claims successfully settled ranged from 382 in 2005/06 to 830 in 2014/15 with an upward trend throughout the decade. The mean cost of a successful claim was £114,029; increasing from £66 754 in 2005/06 to £1 41 027 in 2014/15, a 111% increase. Delay/failure in diagnosis was the most common cause for litigation (4318 [44.5%]) and PFD reports (15 [21%]).A total of 70 PFD reports were issued within the study period; there was no trend in the number of reports issued per year. The greatest number of reports were issued in 2014 (18), far exceeding any other year. Annual claim numbers have increased by 117% over the study period and mean claim cost has increased by 111% (far in excess of any rise expected due to inflation). Causation cannot be determined by this observational study, but potentially contributory factors include: the increasingly litigious nature of society in general; rising patient expectations and the worsening crisis in staff retention, recruitment and morale.This analysis of litigation patterns and PFD reports provides an insight that enables further focus on the underlying causes, subsequent improvement in patient care and a reversal of current litigation trends. © 2017, Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

32 CFR 750.2 - Investigations: In general.

Code of Federal Regulations, 2010 CFR

2010-07-01

... the Navy and is prepared in reasonable anticipation of litigation, it is exempt from mandatory... prepared in reasonable anticipation of litigation. (f) Advance copy. An advance copy of an investigation...

Managing clinical negligence litigation and costs in the NHS.

PubMed

Tingle, John

2016-11-24

John Tingle, Reader in Health Law, Nottingham Trent University, discusses recent Government proposals to improve NHS maternity services and make changes to litigation and patient safety investigation procedures.

32 CFR 537.11 - Litigation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... initiate litigation at least six months before the expiration of the statute of limitations (SOL), the RJA or recovery attorney may contact USARCS telephonically if SOL problems necessitate quick action on a...

Minimizing medical litigation, Part 1.

PubMed

Harold, Tan Keng Boon

2006-01-01

The global rise in medical litigation has led to defensive medical practices and rising malpractice insurance premiums. There is a need to review all possible factors influencing litigiousness of the society and to develop strategies to control such factors. Some of the contributory causes of rising litigiousness include higher patients' expectations, poor provider-patient communication, and adversarial legalism of the society. A good combination of system, professional, and legislative strategies may keep medical litigation in check. Part 2 of this article will address the development of a dispute resolution framework.

When might an operative complication be regarded as acceptable? Part 2: Judicial factors that influence the finding of fault during surgical litigation

PubMed Central

Blackburn, S; Biggs, H

2015-01-01

In cases where surgeons face litigation over operative misadventure, the result of a trial is uncertain. In order to identify factors in cases of surgical litigation that have influenced the final decision of the courts, we have previously reviewed reported cases where the outcome turned on actions taken by surgeons. We now turn our attention to judicial attitudes to evidence that play a role in the determination of the case. PMID:26263800

34 CFR 674.46 - Litigation procedures.

Code of Federal Regulations, 2011 CFR

2011-07-01

..., DEPARTMENT OF EDUCATION FEDERAL PERKINS LOAN PROGRAM Due Diligence § 674.46 Litigation procedures. (a)(1) If... the borrower's Federal Perkins, NDSL and National Defense Student Loans held by that institution, is...

29 CFR 15.6 - Administrative action.

Code of Federal Regulations, 2012 CFR

2012-07-01

... form of a single memorandum in narrative form with attachments. It should contain all of the following... filing of the claim or suit. (d) Litigation. During the course of any litigation, organizational units...

ERISA estoppel: say what you mean and mean what you say.

PubMed

Walsh, J T

1994-12-01

Estoppel is rapidly becoming part of ERISA litigation. However, as employers, TPAs and other entities associated with ERISA plans learn to take precautions against erroneous representations, estoppel litigation may subside.

Dissecting malpractice in pancreaticoduodenectomy cases.

PubMed

Anandalwar, Seema P; Scholer, Anthony J; Ninan, Gigio; Oliver, Joseph B; Christian, Derick; Eloy, Jean Anderson; Chokshi, Ravi J

2017-05-15

Medical malpractice is a growing concern for physicians in all fields. Surgical fields have some of the highest malpractice premiums and litigation rates. Pancreaticoduodenectomy (PD) has become a popular procedure; however, it is still associated with significant morbidity and mortality. This study is the first to analyze factors involved in litigation regarding PD cases. The Westlaw database was searched for jury verdicts and settlements using the terms "medical malpractice" and "pancreaticoduodenectomy". Twenty-nine cases from 1991 to 2012 were initially collected. Seven entries not involving PD and three duplicate cases were excluded. Nineteen cases were included for analysis. Of the 19 cases included in the analysis, three (15.8%) reached a settlement, three (15.8%) were ruled in favor of the plaintiff, and 13 (68.4%) were ruled in favor of the physician. The average settlement award was $398,333 (range, $195,000-500,000), and the average plaintiff award was $4,288,869 (range, $1,066,608-10,300,000). The most common factors raised in litigation included PD being allegedly unnecessary (47.4%), followed by postoperative negligence and misdiagnosis (36.8% each). The most common factors present in litigation included the allegation that PD was unnecessarily performed. The cases that are awarded large monetary sums are those that involve continued medical care. Ways to improve patient safety and limit litigation include increasing transparency and communication with a thorough discussion between surgeon and patient of the most common topics of litigation discussed. Published by Elsevier Inc.

Teaching Civil Procedure with the Aid of Local Tort Litigation.

ERIC Educational Resources Information Center

Anderson, Lloyd C.; Kirkwood, Charles E.

1987-01-01

A course in civil procedure using local tort litigation and classroom simulation of the trial has been enthusiastically recevied by students and useful in teaching appropriate procedure, sequencing, questioning, and professional cooperation. (MSE)

45 CFR 1632.3 - Prohibition.

Code of Federal Regulations, 2011 CFR

2011-10-01

... Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION REDISTRICTING § 1632.3... participating in any other way in litigation, related to redistricting. (b) This part does not prohibit any...., provided such litigation does not involve redistricting. ...

45 CFR 1632.3 - Prohibition.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Regulations Relating to Public Welfare (Continued) LEGAL SERVICES CORPORATION REDISTRICTING § 1632.3... participating in any other way in litigation, related to redistricting. (b) This part does not prohibit any...., provided such litigation does not involve redistricting. ...

Disclosure of medical injury to patients: an improbable risk management strategy.

PubMed

Studdert, David M; Mello, Michelle M; Gawande, Atul A; Brennan, Troyen A; Wang, Y Claire

2007-01-01

Pressure mounts on physicians and hospitals to disclose adverse outcomes of care to patients. Although such transparency diverges from traditional risk management strategy, recent commentary has suggested that disclosure will actually reduce providers' liability exposure. We tested this theory by modeling the litigation consequences of disclosure. We found that forecasts of reduced litigation volume or cost do not withstand close scrutiny. A policy question more pressing than whether moving toward routine disclosure will expand litigation is the question of how large such an expansion might be.

Concept of defensive medicine and litigation among Sudanese doctors working in obstetrics and gynecology.

PubMed

Ali, AbdelAziem A; Hummeida, Moawia E; Elhassan, Yasir A M; Nabag, Wisal O M; Ahmed, Mohammed Ahmed A; Adam, Gamal K

2016-02-09

Obstetrics and gynaecology always has reputation for being a highly litigious. The field of obstetrics and gynaecology is surrounded by different circumstances that stimulate the doctors to practice defensive medicine. This study was directed to assess the extent and the possible effect of defensive medicine phenomenon (in term of knowledge and prevalence) on medical decision making among different grades of obstetric and gynaecologic Sudanese doctors, and to determine any experience of medical litigations with respect to sources and factors associated with it (in term of area of work, characteristics of the area at which the doctors worked, professionalism, hospitals systems…ect). A total of 117 doctors were approached, their distribution according to job description was as follow: consultants (42.7%, 50\\117) registrars (34.2%, 40\\117) and specialists (23.1%, 27\\117). The majority 89.7% had the impression that litigation against doctors are increasing and 27.6% had a direct experience of litigation. In this study less than one half (42.7%) of the surveyed doctors knew the concept of defensive medicine and 71.8% reported practicing one or another form of defensive medicine. The different sources of the litigations reported by the doctors included: maternal death (n = 15), perinatal death (n = 5), other {misdiagnosis, intra-uterine fetal death, uterine perforation, rupture uterus} (n = 4), fetal distress (n = 3), injury to viscera (n = 3) and shoulder dystocia (n = 2). In this study the experience of medical litigation was significantly observed among those who worked in area of blame culture (90.6% Vs 56.5%, P = 0.000). In logistic regression model, there was no significant difference between those who knew the concept of defence medicine and those who didn't. There should be strategic plan to reduce the practice of defensive medicine and medical litigation against doctors.

Obstetric and gynecologic malpractice claims in Saudi Arabia: Incidence and cause.

PubMed

AlDakhil, Lateefa O

2016-05-01

The occurrence of a bad outcome, injury or death of a patient during treatment increases the chance of malpractice litigation, increases legal responsibility and leads to increased fees for malpractice insurance. Physicians practicing obstetrics and gynecology face among the highest risks of malpractice litigation, and such litigation has led to an increase in the practice of defensive medicine and has made this specialty less appealing. Previous clinical data from Saudi Arabia have shown that more malpractice litigation concerns claims in obstetrics and gynecology than claims in any other field of medicine. To identify the main causes of obstetrics and gynecology (OBGYN) professional liability claims in Saudi Arabia to have a better understanding and management of risks. All OBGYN claims opened in Saudi Arabia between 2008 and 2013 were analyzed to identify the most common causes of claims. The results of these claims and the times until a final judgment made were also analyzed. Out of a total of 463 malpractice claims that were closed during the study period, 114 (24.6%) claims were in obstetrics and gynecology, and 92 (80.7%) of these claims concerned complications related to delivery room events. The most common causes of obstetric malpractice litigation were shoulder dystocia (brachial plexus injury) and fetal distress (hypoxic ischemic encephalopathy). Urinary system injury was the most common cause of gynecology cases. Most cases were decided in favor of the defendants with the exception of cases for which maternal and/or fetal death was the cause of litigation; nearly all of those cases were decided against the defendants. Obstetricians face a high risk of malpractice claims in Saudi Arabia, although most claims do not end in payments to plaintiffs. However, the effects of such claims on obstetric care should not be underestimated. Adherence to standards of care and careful documentation may decrease litigation and the number of indefensible malpractice claims. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

NHS litigation in bariatric surgery over a ten year period.

PubMed

Ratnasingham, Kumaran; Knight, James; Liu, Mamie; Karatsai, Eleni; Humadi, Samer; Irukulla, Shashi

2017-04-01

Negligence claims in the UK NHS has increased over the last 30 years. The aim of this present study was determine the number of claims and the cost of litigation in Bariatric Surgery and compare it to similar other specialties. Data was received from NHS Litigation Authority (NHSLA) in response to Freedom of Information data request. There was a total of 7 claims, of which 4 were successful. The total pay out sum was £210,000 in 10 years. This is a very low amount compared to other surgical specialties. This low level of litigation probably indicates that the current bariatric surgical services in the NHS are delivering safe care with good patient satisfaction. This needs to be carefully considered prior to changing the payment tariffs for bariatric surgery. Copyright © 2017 IJS Publishing Group Ltd. Published by Elsevier Ltd. All rights reserved.

From paranoia querulans to vexatious litigants: a short study on madness between psychiatry and the law. Part 1.

PubMed

Lévy, Benjamin

2014-09-01

The first part of this two-part paper presents a comparative history of paranoia querulans, also known as litigants' delusion, in German-speaking countries and France from the nineteenth century onwards. We first focus on two classic literary works which describe litigious behaviours that were later pathologized, then give an insight into the history of Querulantenwahn (litigants' delusion), a term coined in 1857 by Johann Ludwig Casper and adopted by German-speaking psychiatrists and forensic experts. The last section is devoted to its French equivalent, the delusion of the litigious persecuted-persecutors. We show how this category, widely popular among French fin-de-siècle alienists, was replaced by another: the delusion of revendication (litigious subtype). The history of the vexatious litigants in the English-speaking world will be explored in the Part 2. © The Author(s) 2014.

Analysis of lawsuit cases in the Department of Surgery in Korea

PubMed Central

Jung, Ji Yun; Kim, So Yoon; Kim, Dong Gyu; Kim, Choong Bai; Chi, Kyong-Choun; Kang, Won Kyung

2018-01-01

Purpose The aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea. Methods A total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion. Results An average of 3.2 years was spent from the date of the incident occurring to the end of the litigation procedures. The average amount awarded in judgments for damages was 59,708,983 ± 67,307,264 (range, 1,700,000–365,201,482) Korean won. Cases were found involving the following opinion of the court: violation of duty of care (49 cases), violation of informed consent (7 cases), violation of duty of care and informed consent (5 cases), and settlement, reconciliation, and others (32 cases). By analyzing defendants' negligence in court opinions, diagnosis (30.8%) was the most common, followed by post-operation management (27.7%). Conclusion Physicians have to conduct treatment and surgery based on exact diagnosis and be careful to observe patients' conditions and symptoms after surgery. It is essential to identify the current status and characteristics of medical litigation for reducing further litigation and improving patient safety. In order to create a safe medical environment, national efforts should be made not only by individuals but also at the national level. PMID:29520344

Handicapped.

ERIC Educational Resources Information Center

Osborne, Allan G., Jr.

Litigation over the rights of handicapped students and employees continued at a significant level during 1989. Recovery of attorneys' fees was the most frequently litigated handicapped issue. Cases are summarized under the following topics: (1) entitlement to services; (2) procedural safeguards, including change in placement, administrative…

Acts of God, human influence and litigation

NASA Astrophysics Data System (ADS)

Marjanac, Sophie; Patton, Lindene; Thornton, James

2017-09-01

Developments in attribution science are improving our ability to detect human influence on extreme weather events. By implication, the legal duties of government, business and others to manage foreseeable harms are broadening, and may lead to more climate change litigation.

Analysis of Factors Associated With Rhytidectomy Malpractice Litigation Cases.

PubMed

Kandinov, Aron; Mutchnick, Sean; Nangia, Vaibhuv; Svider, Peter F; Zuliani, Giancarlo F; Shkoukani, Mahdi A; Carron, Michael A

2017-07-01

This study investigates the financial burden of medical malpractice litigation associated with rhytidectomies, as well as factors that contribute to litigation and poor defendant outcomes, which can help guide physician practices. To comprehensively evaluate rhytidectomy malpractice litigation. Jury verdict and settlement reports related to rhytidectomy malpractice litigations were obtained using the Westlaw Next database. Use of medical malpractice in conjunction with several terms for rhytidectomy, to account for the various procedure names associated with the procedure, yielded 155 court cases. Duplicate and nonrelevant cases were removed, and 89 cases were included in the analysis and reviewed for outcomes, defendant specialty, payments, and other allegations raised in proceedings. Data were collected from November 21, 2015, to December 25, 2015. Data analysis took place from December 25, 2015, to January 20, 2016. A total of 89 cases met our inclusion criteria. Most plaintiffs were female (81 of 88 with known sex [92%]), and patient age ranged from 40 to 76 years (median age, 56 years). Fifty-three (60%) were resolved in the defendant's favor, while the remaining 36 cases (40%) were resolved with either a settlement or a plaintiff verdict payment. The mean payment was $1.4 million. A greater proportion of cases involving plastic surgeon defendants were resolved with payment compared with cases involving defendants with ear, nose, and throat specialty (15 [36%] vs 4 [24%]). The most common allegations raised in litigation were intraoperative negligence (61 [69%]), poor cosmesis or disfigurement (57 [64%]), inadequate informed consent (30 [34%]), additional procedures required (14 [16%]), postoperative negligence (12 [14%]), and facial nerve injury (10 [11%]). Six cases (7%) involved alleged negligence surrounding a "lifestyle-lift" procedure, which tightens or oversews the superficial muscular aponeurosis system layer. In this study, although most cases of rhytidectomy malpractice litigation were resolved in the defendant's favor, cases resulting in payments created substantial financial burden for the defendants. Common factors cited by plaintiffs for pursuing litigation included dissatisfaction with cosmetic outcomes and perceived deficits in informed consent. These factors reinforce the importance of a comprehensive, preoperative informed consent process in which the specific potential risks and outcomes are presented by the surgeon to the patient to limit or avoid postsurgical allegations. Intraoperative negligence and facial nerve injury were significantly more likely to result in poor defendant outcomes. NA.

76 FR 59110 - Newspapers To Be Used by the Alaska Region for Publication of Legal Notices of Proposed Hazardous...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-09-23

... Federal Register. ADDRESSES: Robin Dale, Alaska Region Group Leader for Appeals, Litigation and FOIA...: Robin Dale; Alaska Region Group Leader for Appeals, Litigation and FOIA; (907) 586-9344. SUPPLEMENTARY...

The Use of Arbitration to Avoid Litigation Under ERISA

ERIC Educational Resources Information Center

Donaldson, Richard P.

1975-01-01

In this symposium report it is suggested that arbitration can be used to avoid litigation of ERISA pension and welfare benefit claims if the negotiated plan or related collective bargaining agreement provides for arbitration or benefit disputes. (Author/LBH)

Litigation and the College Catalogue: "Caveat Emptor" Reinterpreted.

ERIC Educational Resources Information Center

Sullivan, LeRoy L.

1982-01-01

Reviews the contractual relationship between students and higher education institutions and discusses how courts have interpreted this relationship in deciding legal challenges to college catalogs. Recommends 12 guidelines to help colleges minimize their risks of breach of contract litigation. (Author/RW)

Better Safe Than Sorry.

ERIC Educational Resources Information Center

Wilson, Walter E.

1997-01-01

Describes the use of nonslip flooring in educational facilities to reduce fall injuries and litigation costs. Discussions include the influence of the Americans with Disabilities Act of 1990, regulatory considerations, and a brief litigation overview. Provides a comparison chart of nonslip flooring surface performance. (GR)

Universities That Litigate Patents

ERIC Educational Resources Information Center

Rooksby, Jacob H.

2012-01-01

American research universities frequently obtain and license patents to their faculty members' inventions. While university licensing is carefully tracked and thoroughly studied, little is known about university decisions to assertively litigate their patents through filing patent infringement lawsuits in federal court. Which universities…

76 FR 11521 - Agency Information Collection Activities: Proposed Collection; Comment Request

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-02

... requesting certified copies of records for use in civil litigation or criminal actions in courts of law, and... use in civil litigation or criminal actions in courts of law and (2) the information to be provided so...

Collective judicial management of mass toxic tort controversies: lessons and issues from the Agent Orange litigation.

PubMed

Novey, L B

1988-01-01

Viewing the Agent Orange litigation as a case study, this article explores the feasibility and desirability of strengthening the powers of the courts to manage toxic tort controversies en masse. The Agent Orange lawsuit, brought on behalf of potentially millions of Vietnam War veterans and family members, charged that herbicides used for military purposes during the war caused a wide range of health problems. This article first reviews the current national debate over how mass toxic tort controversies should be handled, including key legislative reform options, and describes how attention is increasingly focused on ways that the court system might better cope with mass toxic torts. The principal events of the Agent Orange litigation are then summarized, by which the litigation was consolidated into a massive class action, the class action was settled, and a streamlined plan for distributing the settlement fund was adopted. The article evaluates the outcome of the litigation, and discusses whether the solution there can and should be broadly applied to other mass toxic tort cases. This question depends, in part, on a series of complex legal and practical issues, but the author suggests that the question will also depend on what institutional role we expect the judiciary to play within society.

Forty-Five Years of Civil Litigation Against Canadian Psychiatrists: An Empirical Pilot Study

PubMed Central

Luther, Glen; Gutheil, Thomas G.

2016-01-01

Objectives: To extract the themes pertaining to prudent psychiatric practice from written court judgments in Canada. Methods: We searched the medical and legal literature for cases involving civil litigation against Canadian psychiatrist and reviewed all available written judgments. We completed a thematic analysis of the civil actions against psychiatrists as conveyed by those written court judgments. We classified the cases according to the disposal status and the essential lessons from the decisions on standard of care and practice by Canadian psychiatrists. Results: Forty such cases were identified as involving psychiatrists over a 45-year period. A subgroup included those dealing with limitation periods and disclosure applications. Thirty of the 40 cases (75%) were decided in favour of the defendant psychiatrists, including 2 dismissed for running over the limitation period. The cases that actually went to trial suggest that documentation and obtaining second opinions are protective against claims of negligence. Inpatient cases resulting in successful litigation against psychiatrists involved fatal outcomes, but not all fatal outcomes led to successful litigation. Conclusions: The key lessons from these cases are the importance and relevance of regular best clinical practices, such as documentation, obtaining second opinions, following guidelines, and balancing competencies in the expert and manager or advocate roles. Incorporating these practices should allay concerns about litigation against psychiatrists. PMID:27253702

Assessing Impression Management With the MMPI-2 in Child Custody Litigation.

PubMed

Arce, Ramón; Fariña, Francisca; Seijo, Dolores; Novo, Mercedes

2015-12-01

Forensic psychological evaluation of parents in child custody litigation is primarily focused on evaluating parenting capacity and underreporting. The biased responses of underreporting have been classified as Impression Management (IM) or as Self-Deceptive Positivity (S-DP), which are regarded to be conscious or unconscious in nature, respectively. A field study was undertaken to assess impression management on the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) in child custody cases, the accuracy of the MMPI-2 scales in classifying IM, and what parents in child custody litigation actually manipulate in terms of IM. A total of 244 parents in child custody litigation and 244 parents under standard instructions were administered the MMPI-2. The results revealed that the L, Mp, Wsd, and Od scales discriminated between both samples of parents; the rate of satisfactory classification (i.e., odds ratio ranged from 5.7 for Wsd to 23.3 for Od) and an incremental validity of Od over Mp and Wsd. As for the effects of IM, the results show IM effects in the Basic Clinical Scales, the Restructured Clinical Scales, the Personality Psychopathology Five Scales, the Content Scales, and the Supplementary Scales. The implications of the results are discussed in relation to the forensic evaluation of parents in child custody litigation. © The Author(s) 2014.

Forty-Five Years of Civil Litigation Against Canadian Psychiatrists: An Empirical Pilot Study.

PubMed

Mela, Mansfield; Luther, Glen; Gutheil, Thomas G

2016-02-01

To extract the themes pertaining to prudent psychiatric practice from written court judgments in Canada. We searched the medical and legal literature for cases involving civil litigation against Canadian psychiatrist and reviewed all available written judgments. We completed a thematic analysis of the civil actions against psychiatrists as conveyed by those written court judgments. We classified the cases according to the disposal status and the essential lessons from the decisions on standard of care and practice by Canadian psychiatrists. Forty such cases were identified as involving psychiatrists over a 45-year period. A subgroup included those dealing with limitation periods and disclosure applications. Thirty of the 40 cases (75%) were decided in favour of the defendant psychiatrists, including 2 dismissed for running over the limitation period. The cases that actually went to trial suggest that documentation and obtaining second opinions are protective against claims of negligence. Inpatient cases resulting in successful litigation against psychiatrists involved fatal outcomes, but not all fatal outcomes led to successful litigation. The key lessons from these cases are the importance and relevance of regular best clinical practices, such as documentation, obtaining second opinions, following guidelines, and balancing competencies in the expert and manager or advocate roles. Incorporating these practices should allay concerns about litigation against psychiatrists. © The Author(s) 2015.

The Experience of Litigation From the Perspective of Midwives in Iran.

PubMed

Peyman, Akram; Nayeri, Nahid Dehghan; Bandboni, Mohammad Esmaeilpour; Moghadam, Zahra Behboodi

Errors and notices to appear in court are a reality of life for many midwives and exert significant effects on both their professional and personal lives. Given the increasing population policies in place, this study was conducted to examine midwives' experiences of litigation in Iran. A qualitative study was conducted in 2014 using an interpretive phenomenological approach. The interviews were recorded and transcribed and were then analyzed using the Diekelmann method. Midwives who participated had professional experience ranging from 3 to 22 years at the time of the complaints. Five participants had received more than one complaint, and 10 participants were judged as guilty creating/leaving significant effects on various dimensions of their lives. The present research disclosed four main themes from the interviews including feeling ruined by the complaints, being conflicted between denial and belief, having shattered hopes of release, and experiencing the slowed-down rhythm of midwifery. From these, a basic pattern of "living in despair" was extracted. Litigation is a painful experience for midwives. Anxiety regarding compensation for the patients' losses, public judgment, prolonged litigations, and undermined professional dignity create physical and psychological ramifications for these midwives. Negative feelings about litigation, compounded by the lack of legal support from the authorities, cause a sense of hopelessness regarding the future of the midwifery profession.

Handicapped.

ERIC Educational Resources Information Center

Osborne, Allan G., Jr.

Litigation of handicapped students' and employees' rights continued at a significant level in 1990. Much of the litigation concerned the provision of an appropriate special education placement, due process rights, and recovery of attorney fees by prevailing parents under the Handicapped Children's Protection Act of 1986. Cases are summarized under…

Preventing Playground Injuries and Litigation.

ERIC Educational Resources Information Center

Frost, Joe L.

1994-01-01

The typical American playground is antiquated, hazardous, and inappropriate for the developmental needs of children. The paper explains how design, installation, maintenance, and supervision are critical in preventing playground injuries and resulting litigation, noting the importance of regular training for everyone who supervises children on the…

Academic Advising and Potential Litigation.

ERIC Educational Resources Information Center

Schubert, Arline F.; Schubert, George W.

1983-01-01

Issues in tort and contract law and recent experiences in litigation that influence the academic adviser's responsibility are outlined, including negligence, nondisclosure and misrepresentation, defamation, written and oral contracts, and the adviser as an agent of the institution. Specific areas of adviser vulnerability are noted. (MSE)

32 CFR 516.38 - Scope.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Scope. 516.38 Section 516.38 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Environmental Litigation § 516.38 Scope. This subpart contains guidance, policies, and procedures...

Non-Use of Motor Vehicle Safety Belts as an Issue in Civil Litigation

DOT National Transportation Integrated Search

1983-08-01

The current and potential role of the "safety belt defense" in civil litigation is studied. The paper presents an overview of the safety belt defense, including an evaluation of current precedent. Based on interviews with leading motor vehicle civil ...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2010 CFR

2010-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2012 CFR

2012-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2014 CFR

2014-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2013 CFR

2013-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

28 CFR 77.5 - No private remedies.

Code of Federal Regulations, 2011 CFR

2011-07-01

... procedural, enforceable at law by a party to litigation with the United States, including criminal defendants, targets or subjects of criminal investigations, witnesses in criminal or civil cases (including civil law enforcement proceedings), or plaintiffs or defendants in civil investigations or litigation; or any other...

Discrimination in Employment.

ERIC Educational Resources Information Center

McCarthy, Martha M.

An overview is presented of litigation in which courts have interpreted educational employees' rights to nondiscriminatory treatment and employers' obligations to ensure equal employment opportunities. Because of the range, volume, and complexity of the litigation in this area, the intent is to identify applicable legal principles rather than to…

29 CFR 15.6 - Administrative action.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Solicitor in a timely manner. The Administrative Report shall be in the form of a single memorandum in narrative form with attachments. It should contain all of the following elements, unless permission is... suit. (d) Litigation. During the course of any litigation, organizational units are responsible for...

Organizational downsizing and age discrimination litigation: the influence of personnel practices and statistical evidence on litigation outcomes.

PubMed

Wingate, Peter H; Thornton, George C; McIntyre, Kelly S; Frame, Jennifer H

2003-02-01

The present study examined relationships between reduction-in-force (RIF) personnel practices, presentation of statistical evidence, and litigation outcomes. Policy capturing methods were utilized to analyze the components of 115 federal district court opinions involving age discrimination disparate treatment allegations and organizational downsizing. Univariate analyses revealed meaningful links between RIF personnel practices, use of statistical evidence, and judicial verdict. The defendant organization was awarded summary judgment in 73% of the claims included in the study. Judicial decisions in favor of the defendant organization were found to be significantly related to such variables as formal performance appraisal systems, termination decision review within the organization, methods of employee assessment and selection for termination, and the presence of a concrete layoff policy. The use of statistical evidence in ADEA disparate treatment litigation was investigated and found to be a potentially persuasive type of indirect evidence. Legal, personnel, and evidentiary ramifications are reviewed, and a framework of downsizing mechanics emphasizing legal defensibility is presented.

32 CFR 516.39 - Duties and procedures.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Duties and procedures. 516.39 Section 516.39 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS LITIGATION Environmental Litigation § 516.39 Duties and procedures. (a) Water rights...

32 CFR 93.2 - Purpose and applicability.

Code of Federal Regulations, 2011 CFR

2011-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... NSA). The procedures herein are also promulgated pursuant to the NSA's independent authority, under... procedures for service of process at NSA and for the release of official information in litigation by NSA...

32 CFR 93.2 - Purpose and applicability.

Code of Federal Regulations, 2012 CFR

2012-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... NSA). The procedures herein are also promulgated pursuant to the NSA's independent authority, under... procedures for service of process at NSA and for the release of official information in litigation by NSA...

32 CFR 93.2 - Purpose and applicability.

Code of Federal Regulations, 2014 CFR

2014-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... NSA). The procedures herein are also promulgated pursuant to the NSA's independent authority, under... procedures for service of process at NSA and for the release of official information in litigation by NSA...

32 CFR 93.2 - Purpose and applicability.

Code of Federal Regulations, 2013 CFR

2013-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... NSA). The procedures herein are also promulgated pursuant to the NSA's independent authority, under... procedures for service of process at NSA and for the release of official information in litigation by NSA...

32 CFR 93.2 - Purpose and applicability.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... NSA). The procedures herein are also promulgated pursuant to the NSA's independent authority, under... procedures for service of process at NSA and for the release of official information in litigation by NSA...

Liability Insurance: A Primer for College and University Counsel.

ERIC Educational Resources Information Center

Ende, Howard; Anderson, Eugene R.; Crego, Susannah

1997-01-01

Because of the rise in litigation involving colleges and universities, basic information about liability insurance is provided. Administrators are warned that previously purchased liability insurance may not cover damages and losses incurred today, and that insurance companies often benefit from extended litigation. College counsel must understand…

75 FR 30106 - Terrorism Risk Insurance Program; Litigation Management Submissions

Federal Register 2010, 2011, 2012, 2013, 2014

2010-05-28

... DEPARTMENT OF THE TREASURY Terrorism Risk Insurance Program; Litigation Management Submissions... U.S.C. 3506(c)(2)(A)). Currently, the Terrorism Risk Insurance Program Office is seeking comments... or by mail (if hard copy, preferably an original and two copies) to: Terrorism Risk Insurance Program...

Developments in Education Litigation: Equal Protection

ERIC Educational Resources Information Center

Lindquist, Robert E.; Wise, Arthur E.

1976-01-01

Discusses current trends in educational litigation as reflected by recent court decisions involving equal educational opportunity, school finance reform, and the constitutional guarantee of equal protection as it applies to public education. Much attention is focused on the U.S. Supreme Court's decision in Rodriquez v. San Antonio. (JG)

32 CFR 516.23 - Litigation reports.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation reports. 516.23 Section 516.23 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL AUTHORITIES AND... the action and any defense thereto are based. Where possible, support facts by reference to documents...

28 CFR 51.19 - Request for notification concerning voting litigation.

Code of Federal Regulations, 2011 CFR

2011-07-01

... voting litigation. 51.19 Section 51.19 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General... to notify the Chief, Voting Section, Civil Rights Division, at the addresses, telefacsimile number...

32 CFR 516.49 - Expert witnesses.

Code of Federal Regulations, 2010 CFR

2010-07-01

... RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope Da Personnel As Witnesses in Private Litigation § 516.49 Expert witnesses. (a) General rule. Present DA personnel will not provide... in which the United States has an interest for a party other than the United States. Former DA...

Epidemiology of the third wave of tobacco litigation in the United States, 1994–2005

PubMed Central

Douglas, Clifford E; Davis, Ronald M; Beasley, John K

2006-01-01

Objective To describe the epidemiology of litigation against the tobacco industry in the United States during the years 1994–2005 (described as the “third wave” of tobacco litigation). “Epidemiology” refers to the study of the distribution and determinants of disease in populations. We apply the term “epidemiology” to the litigation context for purposes of characterising qualitatively and, to the extent possible, quantitatively the variety of cases litigated against tobacco manufacturers and allied tobacco interests during the third wave and their impact on the tobacco industry. Methods The data for this paper come from legal cases identified in the Tobacco Deposition and Trial Testimony Archive (DATTA) collection (http://tobaccodocuments.org/datta), transcripts of testimony and related documents found in DATTA, government‐mandated reports filed by tobacco manufacturers with the US Securities and Exchange Commission, investment company reports, reports and analyses published by the news media, a variety of informational documents produced by the Tobacco Control Resource Center at the Northeastern University School of Law, and legal settlement documents provided by the National Association of Attorneys General. Results The US tobacco industry faced a far greater number of lawsuits, and a greater variety of types of lawsuit, between 1994 and 2005 than it had in previous years. Plaintiffs won 31 (41%) of the 75 cases that were tried to verdict during the years 1995–2005. Seven plaintiffs have been paid awards totalling US$115 million, including interest, following the exhaustion of appeals. Based on an evaluation of litigation brought against US industry leader Philip Morris, the total number of cases pending peaked in 2000, dropping off modestly since then. For example, 36 class actions were pending in 2000, while 33 were pending in 2005. In the same time period, individual actions fell from a total of 3385 to 2863. While the playing field has been levelled to some degree in the tobacco litigation arena with respect to the resources brought to bear by plaintiffs and defendants, tobacco industry defendants continue to employ far greater financial and human resources than their adversaries. Conclusions The third wave of tobacco litigation has represented a sea change in efforts to hold the tobacco industry in the United States accountable in American courtrooms. While tobacco manufacturers continue to do their utmost to make these cases difficult to pursue, many of the cases that have gone to trial have met with success in recent years, which suggests that plaintiffs' lawyers are now better equipped to persuade juries of the defendants' culpability. PMID:17130629

The role of litigation in ensuring women's reproductive rights: an analysis of the Shanti Devi judgement in India.

PubMed

Kaur, Jameen

2012-06-01

The struggle for reproductive self-determination has specific significance for women and girls in India, where a maternal death occurs every five minutes. This paper analyses the role litigation played in seeking redress for violations of the reproductive rights of Shanti Devi, who died in childbirth in 2010 in Haryana state, and some of the socio-economic, cultural, political and legal factors involved. It provides a brief overview of India's national and international obligations with regard to maternal health, and through the lens of the litigation in Shanti Devi's case, it examines how the government failed to protect, respect and fulfill her right to life and health. Litigation can be used to ensure accountability in further cases by building on case law, informing communities about these decisions and their rights, and holding government accountable at local, state and central level. Litigation also has limits, most importantly due to people's lack of awareness of their rights and entitlements, the lack of government outreach programmes informing them of these, and the lack of accountability mechanisms within health programmes when they are not transparent or functioning effectively. Thus, although constitutional justice is an important tool for democratic progress and social change, social justice will only be achieved through broader social struggle. Copyright © 2012 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

32 CFR 750.1 - Scope of subpart A.

Code of Federal Regulations, 2011 CFR

2011-07-01

... above and is responsible to the Judge Advocate General for the management of that system. The claims system consists of the Claims and Tort Litigation Division of the Office of the Judge Advocate General... Judge Advocate General (Claims and Tort Litigation) (Code 15) is the manager of the Navy claims system...

What litigators need to know about HIPAA.

PubMed

Stein, Scott D

2003-01-01

HIPAA's Privacy Regulations impose a number of new requirements on Covered Entities concerning disclosure of an individual's personal health information. This Article briefly outlines the primary function of HIPAA's general nondisclosure rule and discusses the exceptions under which HIPAA permits disclosure in the course of litigation or government investigations.

Special Education and the Law.

ERIC Educational Resources Information Center

Horvath, Michael John; And Others

This paper summarizes results of federal legislation and court litigation addressing special education issues. The first section considers cases in which rights were secured through litigation. These include rights of minority groups, rights of the mentally ill, rights of the mentally retarded, and the right to a fair classification. The second…

76 FR 65756 - Privacy Act of 1974; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2011-10-24

... 600.400, Administrative Litigation Records; USPS 810.100, http://www.usps.com Registration; USPS 810... Records; USPS 870.200, Postage Meter and PC Postage Customer Data and Transaction Records; USPS 880.000....400 SYSTEM NAME: Administrative Litigation Records USPS 810.100 SYSTEM NAME: http://www.usps.com...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2012 CFR

2012-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2011 CFR

2011-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2013 CFR

2013-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

32 CFR 93.7 - Responsibilities.

Code of Federal Regulations, 2014 CFR

2014-07-01

... ACCEPTANCE OF SERVICE OF PROCESS; RELEASE OF OFFICIAL INFORMATION IN LITIGATION; AND TESTIMONY BY NSA... overseeing NSA compliance with § 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting official information or the testimony of NSA personnel as...

Schools versus Students' Rights: Can Alternative Dispute Resolution Build a Community.

ERIC Educational Resources Information Center

Goldberg, Steven S.

1995-01-01

Schools' regulation by external forces has rendered the education process secondary to avoidance of litigation. Alternative dispute resolution (ADR) provides an answer to the adversarial process currently in place within education. ADR offers negotiation and mediation as methods to resolve conflict, avoid litigation, and increase the likelihood of…

The Rise of Post-Grant Proceedings

PubMed Central

2016-01-01

This viewpoint provides a brief overview of the procedures for initiating post-grant proceedings before the United States Patent Trial and Appeal Board, including a discussion of why companies are now commonly electing to use those proceedings, both as part of an overall litigation strategy and outside of the litigation context. PMID:28105262

Litigation and School Finance: A Cautionary Tale

ERIC Educational Resources Information Center

Russo, Charles J.

2010-01-01

Beginning in the early 1970s, plaintiffs initiated a veritable tidal wave of litigation over financing public education in states with unequal funding for students in poor school systems. In the only case on school finance to reach the United States Supreme Court, "San Antonio Independent School District v. Rodriguez" (1973), the…

The Tort Liability of the Classroom Teacher

ERIC Educational Resources Information Center

Ripps, Stephen R.

1975-01-01

Discusses the tort liabilities (both intentional and negligent torts) to which school and college teachers are exposed. Noting that the doctrine of sovereign immunity has protected the instructor and that litigation has increased in states which have waived their immunity, the author concludes that the likelihood of litigation is greater now than…

32 CFR 516.48 - Official information.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 3 2012-07-01 2009-07-01 true Official information. 516.48 Section 516.48... PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope Da Personnel As Witnesses in Private Litigation § 516.48 Official information. (a) In instances involving § 516.47(a)(1...

32 CFR 516.48 - Official information.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 3 2014-07-01 2014-07-01 false Official information. 516.48 Section 516.48... PUBLIC RELATIONS LITIGATION Release of Information and Appearance of Witnesses Scope Da Personnel As Witnesses in Private Litigation § 516.48 Official information. (a) In instances involving § 516.47(a)(1...

48 CFR 252.204-7014 - Limitations on the Use or Disclosure of Information by Litigation Support Contractors.

Code of Federal Regulations, 2014 CFR

2014-10-01

.... Computer software does not include computer data bases or computer software documentation. Litigation... includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction. Technical data means recorded information, regardless of the form or method...

Who Will Put Humpty Together Again? Professional Liability under Canadian and Ontario Special Law.

ERIC Educational Resources Information Center

Wilson, Anne Keeton; Usher, Leila

1985-01-01

The authors question whether mandatory special education in Ontario is likely to result in increased litigation against school boards. Two areas of educational litigation, negligence claims and appeal hearings, are examined taking into consideration cases from Canada and the United States. (Author)

48 CFR 352.233-71 - Litigation and claims.

Code of Federal Regulations, 2010 CFR

2010-10-01

... the action in good faith. The Government shall not be liable for the expense of defending any action... compensated by insurance which was required by law or regulation or by written direction of the Contracting... FORMS SOLICITATION PROVISIONS AND CONTRACT CLAUSES Texts of Provisions and Clauses 352.233-71 Litigation...

Developments in Indian Law from September 1, 1978 through August 31, 1979.

ERIC Educational Resources Information Center

American Indian Journal, 1979

1979-01-01

Law firm analysis which reviews developments in Indian law, discusses holdings and implications of some important Supreme Court decisions (Boldt Case, Yakima Public Law 280 Case, Blackbird Bend Case), analyzes litigation trends which appear to be developing, and comments on the future conduct of Indian litigation. (DS)

Compulsory Attendance: An Analysis of Litigation

ERIC Educational Resources Information Center

Leddon, Leo Levy, Jr.

2010-01-01

The purpose of this research was to examine court cases dealing with compulsory attendance laws, also known as compulsory education laws, for the purpose of establishing the issues, outcomes, and trends in compulsory attendance litigation. In this manner, school officials could be provided guidance on dealing with issues surrounding the attendance…

75 FR 33830 - Adoption of Amendment to the Class Exemption for the Release of Claims and Extensions of Credit...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-06-15

... DEPARTMENT OF LABOR Employee Benefits Security Administration [Application No. D-11337] Adoption... With Litigation (PTE 2003-39) AGENCY: Employee Benefits Security Administration, Department of Labor... of litigation. The amendment affects all employee benefit plans, the participants and beneficiaries...

Analysis of Playground Injuries and Litigation.

ERIC Educational Resources Information Center

Frost, Joe L.

A study analyzed 82 cases of playground injuries and litigation (including 7 fatalities) in 28 states. In order of frequency, injuries happened in public schools, public parks, child care centers, apartment complexes, fast food restaurants, backyards, recreation camps, state parks, and state schools. Sixty-five percent of all injuries resulted…

11 CFR 201.3 - Public funding, audits and litigation: Ex parte contacts prohibited.

Code of Federal Regulations, 2010 CFR

2010-01-01

...) A Commissioner or member of a Commissioner's staff who receives an oral ex parte communication... REGULATIONS EX PARTE COMMUNICATIONS § 201.3 Public funding, audits and litigation: Ex parte contacts... be made to any Commissioner or any member of any Commissioner's staff any ex parte communication...

28 CFR 0.65a - Litigation involving Environmental Protection Agency.

Code of Federal Regulations, 2010 CFR

2010-07-01

... DEPARTMENT OF JUSTICE Environment and Natural Resources Division § 0.65a Litigation involving Environmental Protection Agency. With respect to any matter assigned to the Environment and Natural Resources Division in... Environment and Natural Resources Division, and such members of his staff as he may specifically designate in...

11 CFR 111.53 - Litigation by the Commission.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 11 Federal Elections 1 2012-01-01 2012-01-01 false Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111...

11 CFR 111.53 - Litigation by the Commission.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 11 Federal Elections 1 2011-01-01 2011-01-01 false Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111...

11 CFR 111.53 - Litigation by the Commission.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 11 Federal Elections 1 2014-01-01 2014-01-01 false Litigation by the Commission. 111.53 Section 111.53 Federal Elections FEDERAL ELECTION COMMISSION GENERAL COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) Collection of Debts Arising From Enforcement and Administration of Campaign Finance Laws § 111...

Greek-Letter Organizations, Alcohol, and the Courts: A Risky Mix?

ERIC Educational Resources Information Center

Elkins, Becki; Helms, Lelia B.; Pierson, Christopher T.

2003-01-01

Examines all reported state and federal cases involving college fraternities and sororities and negligence resulting from the use of alcohol by college students from 1970 through 2001. Research examined the litigation volume, fact patterns, defendants named for litigation, and outcomes of cases. Results indicate student affairs professionals…

Educational Adequacy Litigation in the American South: 1973-2009

ERIC Educational Resources Information Center

Dishman, Mike; Redish, Traci

2010-01-01

Prior to the United States Supreme Court's decision in "Brown v. Board of Education" (1954), educational finance litigation focused almost entirely on the equitable distribution of state educational financing, ending preferential disbursement of state funds. This ended in 1973, with the United States Supreme Court's decision in "San…

76 FR 7479 - Office of the Ombudsman

Federal Register 2010, 2011, 2012, 2013, 2014

2011-02-10

... Ombudsman will not consider matters in litigation, arbitration, or mediation. Several commenters requested... Office of Finance by FHFA that is not subject to appeal or in litigation, arbitration, or mediation. The... mediation, unless there has been a breakdown in the process, may not be appealed. Matters not subject to...

Mitigating Litigation for Adventure Recreation Operators: The Ski Safety Act

ERIC Educational Resources Information Center

Brgoch, Shea; Lower, Leeann M.

2017-01-01

Adventure tourism is a rapidly growing segment of the tourism industry, which can be regarded as specific activities that are alluring for their uncertain and potentially dangerous outcomes. Risk-taking attitudes and behaviors may be common among adventure recreationists and increase the potential for litigation against recreation operators. In…

13 CFR 120.540 - Liquidation and litigation plans.

Code of Federal Regulations, 2011 CFR

2011-01-01

... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

13 CFR 120.540 - Liquidation and litigation plans.

Code of Federal Regulations, 2012 CFR

2012-01-01

... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

13 CFR 120.540 - Liquidation and litigation plans.

Code of Federal Regulations, 2014 CFR

2014-01-01

... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

13 CFR 120.540 - Liquidation and litigation plans.

Code of Federal Regulations, 2010 CFR

2010-01-01

... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

13 CFR 120.540 - Liquidation and litigation plans.

Code of Federal Regulations, 2013 CFR

2013-01-01

... liquidation through the review of liquidation plans which all Authorized CDC Liquidators and certain Lenders... plan. An Authorized CDC Liquidator and a Lender for a loan made under its authority as a CLP Lender... receive SBA's written approval of that plan. (c) Litigation plan. An Authorized CDC Liquidator and a...

32 CFR 516.21 - Litigation against government contractors.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Litigation against government contractors. 516.21 Section 516.21 National Defense Department of Defense (Continued) DEPARTMENT OF THE ARMY AID OF CIVIL... lawsuit requests representation by DOJ, the Army presumes the contractor will obtain private counsel to...

The Changing School Finance Scene: Local, State, and Federal Issues.

ERIC Educational Resources Information Center

Cambron-McCabe, Nelda H.

This chapter provides an overview of recent school finance litigation at the local, state, and federal levels. The first section addresses legal challenges to state school finance systems and reviews decisions from Arkansas, California, Colorado, Georgia, Michigan, New York, and West Virginia. Litigation attacking states' methods of funding public…

77 FR 4574 - Notice of Proposed Information Collection: Comment Request; Production of Material or Provision...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-01-30

... to Demands in Legal Proceedings Among Private Litigants AGENCY: Office of the General Counsel, HUD... forms of information technology, e.g., permitting electronic submission of responses. This Notice also... Response to Demands in Legal Proceedings Among Private Litigants. OMB Control Number, if applicable: 2501...

28 CFR 51.19 - Request for notification concerning voting litigation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... voting litigation. 51.19 Section 51.19 Judicial Administration DEPARTMENT OF JUSTICE (CONTINUED) PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED General... promptly to notify the Chief, Voting Section, Civil Rights Division, Department of Justice, P.O. Box 66128...

Liability and Risk Management for Continuing Education Professionals.

ERIC Educational Resources Information Center

Cote, Lawrence S.; And Others

Areas of liability that relate to the daily practice of continuing education professionals are summarized. Areas of the law with the greatest potential for litigation involving the institution and its employees are identified, along with 16 preventive measures that protect the educational practitioner and institution from frivolous litigation yet…

Commentary: County of Washington v. Gunther.

ERIC Educational Resources Information Center

Buckley, Nancy C.

1981-01-01

In court litigation in which women prison guards' claim of pay discrimination was rejected at the local level, the Supreme Court ruled that the case could be debated based on workers'"comparable worth" instead of "equal work," the traditional argument. Further litigation on the comparable worth issue is anticipated. (MSE)

32 CFR 516.56 - Witnesses before foreign tribunals.

Code of Federal Regulations, 2010 CFR

2010-07-01

... be obtained because the person is attached to the Embassy staff or a question of diplomatic immunity... United States has an interest in the litigation, the commander may authorize the interview or order the... United States does not have an interest in the litigation, the commander may authorize the interview or...

32 CFR 516.56 - Witnesses before foreign tribunals.

Code of Federal Regulations, 2011 CFR

2011-07-01

... be obtained because the person is attached to the Embassy staff or a question of diplomatic immunity... United States has an interest in the litigation, the commander may authorize the interview or order the... United States does not have an interest in the litigation, the commander may authorize the interview or...

The Use of Demographic Data in Voting Rights Litigation.

ERIC Educational Resources Information Center

O'Hare, William

1991-01-01

Issues demographic experts face concerning voting rights litigation are considered, using examples from Garza v County of Los Angeles (California) (1990). Errors and the age of census figures when released mean that court decisions about appropriate population bases and thresholds will continue to vary from one location to another. (SLD)

26 CFR 7.48-1 - Election to have investment credit for movie and television films determined in accordance with...

Code of Federal Regulations, 2014 CFR

2014-04-01

.... The election allowed by section 804(c)(3) of the Act may be made by a notification in the form of a... litigants, the date the suit was commenced, and the court case or docket number of the litigation. The...

26 CFR 7.48-1 - Election to have investment credit for movie and television films determined in accordance with...

Code of Federal Regulations, 2012 CFR

2012-04-01

.... The election allowed by section 804(c)(3) of the Act may be made by a notification in the form of a... litigants, the date the suit was commenced, and the court case or docket number of the litigation. The...

26 CFR 7.48-1 - Election to have investment credit for movie and television films determined in accordance with...

Code of Federal Regulations, 2013 CFR

2013-04-01

.... The election allowed by section 804(c)(3) of the Act may be made by a notification in the form of a... litigants, the date the suit was commenced, and the court case or docket number of the litigation. The...

26 CFR 7.48-1 - Election to have investment credit for movie and television films determined in accordance with...

Code of Federal Regulations, 2011 CFR

2011-04-01

.... The election allowed by section 804(c)(3) of the Act may be made by a notification in the form of a... litigants, the date the suit was commenced, and the court case or docket number of the litigation. The...

A Guide to Public Engagement and School Finance Litigation

ERIC Educational Resources Information Center

Zhang, Julia

2008-01-01

Lawsuits challenging the constitutionality of public education funding systems are currently underway in 21 states. Litigation represents an opportunity to restructure the ways in which public education is financed, expanded, and delivered to children across the country. Public engagement plays a uniquely important role to ensure real improvement…

Bridging Troubled Waters: Historians, Natural Resource Litigation, and the Expert Witness Phenomenon.

PubMed

Brescia, Michael M

2015-02-01

This special issue of The Public Historian examines the nature and scope of the historian's role as a consultant and expert witness in natural resource litigation. The introductory essay identifies the major issues and challenges that historians face when they bring their knowledge, skills, and professional best standards into law offices and courtrooms, while also positing a conceptual framework for public history practitioners to better understand and appreciate the larger stakes in conducting research for environmental litigation. The author delineates his own experience as an expert in certain water rights cases in the American Southwest where knowledge of the Spanish and Mexican civil law of property is essential.

Nursing Home Litigation and Tort Reform: A Case for Exceptionalism

ERIC Educational Resources Information Center

Studdert, David M.; Stevenson, David G.

2004-01-01

The medical malpractice crisis that is currently spreading across the United States bears many similarities to earlier crises. One novel aspect of the current crisis is the explicit inclusion of litigation against nursing homes as a target of reform. Encouraged by the nursing home industry, policymakers are considering the extension of…

Book review: Inside the Equal Access to Justice Act: Environmental litigation and the crippling battle over America's lands, endangered species, and critical habitats

USGS Publications Warehouse

Organ, John F.

2016-01-01

Review info:  Inside the equal access to justice act: Environmental litigation and the crippling battle over America's lands, endangered species, and critical habitats. By Lowell E. Baier, 2016. ISBN: 978-1442257443, 678 pp.

The Compelling Argument for Harassment Prevention Training: Implications for Instructional Designers

ERIC Educational Resources Information Center

Sample, John A.

2007-01-01

The purpose of this article is to inform instructional design and development specialists on the importance of harassment prevention training in organizations. The review includes a summary of relevant case law, a review of litigation costs associated with harassment litigation, and the value of return on investment for such instruction.…

12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

Code of Federal Regulations, 2013 CFR

2013-01-01

... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... OCC information obtained pursuant to this subpart, and, upon entry of a protective order, shall...

12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

Code of Federal Regulations, 2012 CFR

2012-01-01

... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... OCC information obtained pursuant to this subpart, and, upon entry of a protective order, shall...

12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

Code of Federal Regulations, 2014 CFR

2014-01-01

... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... OCC information obtained pursuant to this subpart, and, upon entry of a protective order, shall...

The Alpha and Omega Syndrome: Is Intra-District Funding the next Ripeness Factor?

ERIC Educational Resources Information Center

Owings, William A.; Kaplan, Leslie S.

2010-01-01

Fiscal disparities within school districts may be the next area "ripe" for litigation. Equity and adequacy litigation have largely focused on between-district fiscal disparities. Research suggests that within-district disparities may be as unfair to high poverty schools. When the school funding pie is not growing, remedying…

Financing Educational Facility Construction: Prevailing Wage Litigation.

ERIC Educational Resources Information Center

Goldblatt, Steven M.; Wood, R. Craig

This chapter presents an up-to-date analysis of prevailing state wage laws that affect educational facility construction or renovation and highlights relevant prevailing wage litigation in many states. Currently, 13 states have no prevailing wage laws for public works. The other 37 states and the District of Columbia do have prevailing wage laws…

Contingent Fees in Medical Malpractice Litigation—A Qualitative Assessment

PubMed Central

Ottensmeyer, David J.; Smith, Howard L.; Porter, James

1983-01-01

The medical profession has experienced high liability insurance premiums accompanied by widespread use of contingent fees in medical malpractice litigation. It is worthwhile, therefore, to assess qualitatively the merits of contingent fees, the evidence suggesting that they are associated with unjustified litigation and their implications for the medical and legal professions. PMID:6636743

Pregnancy Discrimination Litigation: Legal Erosion of Capitalist Ideology under Equal Employment Opportunity Law.

ERIC Educational Resources Information Center

Edwards, Mark Evan

1996-01-01

Analysis of 82 court cases involving pregnancy discrimination, 1972-91, shows that this litigation revealed the gender bias of equal employment opportunity law and capitalist economic relations, eroded assumptions about economic imperatives for not accommodating pregnant workers, and laid the groundwork for the Family and Medical Leave Act of…

Interpreting the Right to an Education as a Norm Referenced Adequacy Standard

ERIC Educational Resources Information Center

Pijanowski, John

2016-01-01

Our current conceptions of educational adequacy emerged out of an era dominated by equity-based school resource litigation. During that time of transitioning between successful litigation strategies, legal opinions provided clues as to how future courts might view a norm-referenced approach to establishing an adequacy standard--an approach that…

44 CFR 5.88 - Testimony in litigation in which the United States is a party.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 44 Emergency Management and Assistance 1 2012-10-01 2011-10-01 true Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

44 CFR 5.88 - Testimony in litigation in which the United States is a party.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

44 CFR 5.88 - Testimony in litigation in which the United States is a party.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

44 CFR 5.88 - Testimony in litigation in which the United States is a party.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 44 Emergency Management and Assistance 1 2014-10-01 2014-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

The Tangible Impact of School Finance Litigation

ERIC Educational Resources Information Center

Lockridge, Courtney; Maiden, Jeffrey

2014-01-01

The purpose of this study was to address the extent to which adequacy litigation functions as a means for improving student achievement, particularly among low-income and minority students. The study extended theory established in prior studies, and took into account the idea that change takes several years to realize and that sufficient time to…

28 CFR 0.69c - Litigation involving the Resource Conservation and Recovery Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... OF THE DEPARTMENT OF JUSTICE Environment and Natural Resources Division § 0.69c Litigation involving... Natural Resources Division. Every plaintiff required to serve upon the Attorney General a copy of their... Natural Resources Division, U.S. Department of Justice, NW., Washington, DC 20530. (b) Services pursuant...

6 CFR 5.44 - Testimony and production of documents prohibited unless approved by appropriate Department...

Code of Federal Regulations, 2010 CFR

2010-01-01

... 6 Domestic Security 1 2010-01-01 2010-01-01 false Testimony and production of documents prohibited... in Litigation § 5.44 Testimony and production of documents prohibited unless approved by appropriate... or request, including in connection with any litigation, provide oral or written testimony by...

Autism Litigation: Outcomes for 2010, Trends in Decision Making and Changes in Diagnostic Criteria

ERIC Educational Resources Information Center

Hill, Doris Adams; Kearley, Regina

2013-01-01

The diagnosis of autism spectrum disorder has systematically risen since Kanner's description in 1943 and Asperger's definition in 1944. An increase in numbers has met with an increase in litigation regarding autism spectrum disorder (ASD) and the Individuals with Disabilities Education Improvement Act (IDEIA). Outcomes that first favored parents…

76 FR 4463 - Privacy Act of 1974; Report of Modified or Altered System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2011-01-25

... occupationally related mortality or morbidity is occurring. In the event of litigation where the defendant is: (a... diseases and which provides for the confidentiality of the information. In the event of litigation..., limited log-ins, virus protection, and user rights/file attribute restrictions. Password protection...

Beyond the Title VII Framework: Racial Quotas and Teacher Employment Policies in School Desegregation Litigation.

ERIC Educational Resources Information Center

Clague, Monique Weston

This chapter focuses on school desegregation litigation and attendant employment-related remedies decreed or rejected by the federal courts. The overarching remedial theory governing relief in school desegregation cases differs from that governing employment discrimination cases in that the central issue is equal educational opportunity, even…

44 CFR 5.88 - Testimony in litigation in which the United States is a party.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Testimony in litigation in which the United States is a party. 5.88 Section 5.88 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION...

Protest, Politics, and Litigation: Political and Social Change in Mississippi from 1965 to the Present.

ERIC Educational Resources Information Center

Parker, Frank R.

1988-01-01

Examines the gains in voting, schooling, and employment made by Blacks in Mississippi since the passage of the 1965 Voting Rights Act. Discusses the effects of affirmative action and civil rights litigation, listing resources on "Lawyers and the Civil Rights Movement." Presents a glossary of legal terms. (GEA)

76 FR 20611 - Electronic On-Board Recorders and Hours of Service Supporting Documents

Federal Register 2010, 2011, 2012, 2013, 2014

2011-04-13

..., used, and disseminated (e.g., in post- accident litigation or in personal litigation such as divorce proceedings). Based on the factors above, the Agency has determined that the statute requires it to protect... Doc. 2011-8789 Filed 4-12-11; 8:45 am] BILLING CODE 4910-EX-P ...

The Principal's Quick-Reference Guide to School Law: Reducing Liability, Litigation, and Other Potential Legal Tangles.

ERIC Educational Resources Information Center

Dunklee, Dennis R.; Shoop, Robert J.

This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…

Education Rights and Classroom-Based Litigation: Shifting the Boundaries of Evidence

ERIC Educational Resources Information Center

Welner, Kevin

2010-01-01

The call for American students to meet world-class standards in the federal Goals 2000: Education America Act (1994) and No Child Left Behind legislation, as well as state standards and accountability legislation, has been explicitly inclusive: All students must be held to these high standards. Litigation offers the potential to leverage…

49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 49 Transportation 7 2011-10-01 2011-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

Code of Federal Regulations, 2012 CFR

2012-10-01

... 49 Transportation 7 2012-10-01 2012-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 49 Transportation 7 2013-10-01 2013-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 49 Transportation 7 2014-10-01 2014-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

49 CFR 835.9 - Procedure in the event of a subpoena in civil litigation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 49 Transportation 7 2010-10-01 2010-10-01 false Procedure in the event of a subpoena in civil litigation. 835.9 Section 835.9 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.9 Procedure in the event of a...

46 CFR 326.7 - Litigation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... INSURANCE UNDER AGREEMENTS WITH AGENTS § 326.7 Litigation. (a) If a court suit of a P&I nature is filed... insurance, the Agent shall immediately forward copies of the pleading and all other related legal documents... claim of a P&I nature, unless approved in advance by MARAD, and by the underwriter, where applicable...

Plagiarism Litigation Trends in the USA and Australia

ERIC Educational Resources Information Center

Mawdsley, Ralph D.; Cumming, J. Joy

2008-01-01

In this article we explore the increasing complexity of plagiarism litigation in the USA and Australia. Plagiarism has always been a serious academic issue and academic staff and students have wrestled with its definition and appropriate penalties for some time. However, the advent of the Internet and more freely accessible information resources,…

The Cost of Prior Restraint: "U. S. v. The Progressive."

ERIC Educational Resources Information Center

Soloski, John; Dyer, Carolyn Stewart

Increased litigation and rising litigation costs threaten the future of newspapers and magazines. A case study was conducted to determine the costs and effects of "United States v. 'The Progressive,'" a prior restraint case over the publication in 1979 of an article on the hydrogen bomb. "The Progressive," which operates at a…

10 CFR 15.67 - Referral to the Department of Justice.

Code of Federal Regulations, 2011 CFR

2011-01-01

... be given as part of a demand letter or as a separate document. (d) The NRC shall preserve all files... litigation claims of less than $2,500, exclusive of interest, penalties, and administrative charges, or such... of less than the minimum amount unless: (1) Litigation to collect a smaller claim is important to...

10 CFR 15.67 - Referral to the Department of Justice.

Code of Federal Regulations, 2010 CFR

2010-01-01

... be given as part of a demand letter or as a separate document. (d) The NRC shall preserve all files... litigation claims of less than $2,500, exclusive of interest, penalties, and administrative charges, or such... of less than the minimum amount unless: (1) Litigation to collect a smaller claim is important to...

Litigation trends and costs in otorhinolaryngology.

PubMed

Metcalfe, C W; Muzaffar, S J; Coulson, C J

2015-10-01

Litigation in surgery is increasing and liabilities are becoming unsustainable. This study aimed to analyse trends in claims, and identify areas for potential risk reduction, improved patient safety and a reduction in the number, and cost, of future claims. Ten years of retrospective data on claims in otorhinolaryngology (2003-2013) were obtained from the National Health Service Litigation Authority via a Freedom of Information request. Data were re-entered into a spreadsheet and coded for analysis. A total of 1031 claims were identified; of these, 604 were successful and 427 were unsuccessful. Successful claims cost a total of £41 000 000 (mean, £68 000). The most common areas for successful claims were: failure or delay in diagnosis (137 cases), intra-operative problems (116 cases), failure or delay in treatment (66 cases), failure to warn - informed consent issue (54 cases), and inappropriate treatment (47 cases). Over half of the claims in ENT relate to the five most common areas of liability. Recent policy changes by the National Health Service Litigation Authority, over the level of information divulged, limits our learning from claims.

Cerebral palsy litigation: change course or abandon ship.

PubMed

Sartwelle, Thomas P; Johnston, James C

2015-06-01

The cardinal driver of cerebral palsy litigation is electronic fetal monitoring, which has continued unabated for 40 years. Electronic fetal monitoring, however, is based on 19th-century childbirth myths, a virtually nonexistent scientific foundation, and has a false positive rate exceeding 99%. It has not affected the incidence of cerebral palsy. Electronic fetal monitoring has, however, increased the cesarian section rate, with the expected increase in mortality and morbidity risks to mothers and babies alike. This article explains why electronic fetal monitoring remains endorsed as efficacious in the worlds' labor rooms and courtrooms despite being such a feeble medical modality. It also reviews the reasons professional organizations have failed to condemn the use of electronic fetal monitoring in courtrooms. The failures of tort reform, special cerebral palsy courts, and damage limits to stem the escalating litigation are discussed. Finally, the authors propose using a currently available evidence rule-the Daubert doctrine that excludes "junk science" from the courtroom-as the beginning of the end to cerebral palsy litigation and electronic fetal monitoring's 40-year masquerade as science. © The Author(s) 2014.

Cerebral Palsy Litigation

PubMed Central

Sartwelle, Thomas P.

2015-01-01

The cardinal driver of cerebral palsy litigation is electronic fetal monitoring, which has continued unabated for 40 years. Electronic fetal monitoring, however, is based on 19th-century childbirth myths, a virtually nonexistent scientific foundation, and has a false positive rate exceeding 99%. It has not affected the incidence of cerebral palsy. Electronic fetal monitoring has, however, increased the cesarian section rate, with the expected increase in mortality and morbidity risks to mothers and babies alike. This article explains why electronic fetal monitoring remains endorsed as efficacious in the worlds’ labor rooms and courtrooms despite being such a feeble medical modality. It also reviews the reasons professional organizations have failed to condemn the use of electronic fetal monitoring in courtrooms. The failures of tort reform, special cerebral palsy courts, and damage limits to stem the escalating litigation are discussed. Finally, the authors propose using a currently available evidence rule—the Daubert doctrine that excludes “junk science” from the courtroom—as the beginning of the end to cerebral palsy litigation and electronic fetal monitoring’s 40-year masquerade as science. PMID:25183322

An overview of medical malpractice litigation and the perceived crisis.

PubMed

Litvin, S Gerald

2005-04-01

In this overview of medical malpractice litigation in the United States, practical and philosophic aspects of the so-called malpractice litigation crisis are addressed. After reviewing the historical, legal rationale for compensating victims of negligent conduct by others, attention is focused on the plight of physicians who are charged with medical negligence and the oppressive insurance premiums that impose a heavy burden on all health care providers, particularly those in the surgical fields. A variety of political solutions advanced to "correct" the problem is reviewed. A historical prospective of malpractice litigation in the United States is presented together with an analysis of various legislative proposals--many of which have already been enacted in various states that will ostensibly "cure" the problems that concern clinicians. Consideration of the various legislative proposals includes: arbitrary limits on pain and suffering awards (caps); elimination of joint and several liability; regulation of attorneys fees; elimination of the collateral source rule; abrogation of punitive damages; proposals for periodic payments; and statutes of repose. Various procedural changes in the processing of malpractice claims are reviewed and analyzed from the perspective of both fairness and efficacy.

Analysis of closed medical litigation in urology

PubMed Central

Shin, Su Hwan; Kim, So Yoon; Jang, Seung Gyeong

2017-01-01

Purpose The objective of this study was to provide a descriptive understanding of the characteristics of malpractice litigation related to urology by examining court cases. Materials and Methods A total of 6,074 court cases related to medical malpractice litigation filed between 2005 and 2010 were received from the Lower Courts, the Appellate Courts, and the Supreme Court of Korea. Of the received cases, 34 urology-related civil proceedings were analyzed. The following information was compiled and investigated from the cases: background, age and sex of patient, categorization of the defendant, opinion of the court, amount claimed and awarded in damages, type of medical treatment involved, and negative effects resulting from the medical accident. Results The average amount in damages paid out to plaintiffs in this research was 27,186,504±32,371,008 Korean won (KRW) (range, 1,000,000–100,000,000 KRW). A total of 9 of the 34 analyzed cases (26.5%) ruled in favor of the plaintiff, with all 9 cases involving a surgery. An analysis of the surgery sites further revealed that the penis was the most frequently litigated over site of surgery, making up 14 of the 35 sites (40.0%). Conclusions Information regarding urology malpractice lawsuits should be made available to help prevent further disputes and litigation. Continuous efforts must be expended in the prevention of accidents and disputes, alongside research into urology-related cases beyond 2010. Extensive cause analysis and recurrence prevention methods must also be researched to enhance overall patient safety. PMID:28868502

Performance evaluation of court in construction claims settlement of litigation

NASA Astrophysics Data System (ADS)

Hayati, Kemala; Latief, Yusuf; Rarasati, Ayomi Dita; Siddik, Arief

2017-06-01

Claim construction has a major influence on the implementation of projects, such as the cost and time. The success of the construction project is highly dependent on the effective resolution of claims. Although it has been recognized that litigation or court is not the best way because it may reduce or eliminate profits and damage the relationship, it is a method of resolving claims and disputes that is common in the world of construction. The method of resolving claims and disputes through litigation or court may solve the problem in an alternative method, namely the implementation of the judgment which can be enforced effectively against the losing party and the ruling which has the force of law of the country where the claims and disputes are examined. However, litigation or court may take longer time and require high cost. Thus, it is necessary to identify factors affecting the performance of the court and to develop a system capable of improving an existing system in order to run more effectively and efficiently. Resolution in the claims management of construction projects with the method of litigation is a procedure that can be used by the courts in order to shorten the time in order to reduce the cost. The scope of this research is directed to all parties involved in the construction, both the owners and the contractors as implementers and practitioners, as well as experts who are experienced in construction law.

Determining legal responsibility in otolaryngology: a review of 44 trials since 2008.

PubMed

Svider, Peter F; Husain, Qasim; Kovalerchik, Olga; Mauro, Andrew C; Setzen, Michael; Baredes, Soly; Eloy, Jean Anderson

2013-01-01

Medicolegal factors contribute to increasing healthcare costs through the direct costs of malpractice litigation, malpractice insurance premiums, and defensive medicine. Malpractice litigation trends are constantly changing as a result of technological innovations and changes in laws. In this study, we examine the most recent legal decisions related to Otolaryngology and characterize the factors responsible for determining legal responsibility. The Westlaw legal database (Thomson Reuters, New York, NY) was used to search for jury verdicts since 2008 in Otolaryngology malpractice cases. The 44 cases included in this analysis were studied to determine the procedures most commonly litigated and progressing to trial, as well as the year, location, alleged cause of malpractice, specialty of co-defendants, and case outcomes. Out of the 44 cases included in this analysis, physicians were not found liable in 36 (81.8%) cases. Rhinologic procedures comprised 38.6% of cases litigated, and rulings were in physicians' favor in 66.7% of endoscopic sinus surgery (ESS) cases and all non-ESS rhinologic cases. A perceived lack of informed consent was noted in 34.1% of cases. The 8 jury awards averaged $940,000 (range, $148,000-$3,600,000). Otolaryngologists were not found liable in the majority of cases reviewed. Rhinologic surgeries were the most common procedures resulting in litigation. Adenotonsillectomies, thyroidectomies, and airway management are also well-represented. Perceived deficits in informed consent and misdiagnosis were noted in a considerable proportion of otolaryngologic malpractice cases resulting in jury decisions. Copyright © 2013 Elsevier Inc. All rights reserved.

Representation and Re-Presentation in Litigation Science

PubMed Central

Jasanoff, Sheila

2008-01-01

Federal appellate courts have devised several criteria to help judges distinguish between reliable and unreliable scientific evidence. The best known are the U.S. Supreme Court’s criteria offered in 1993 in Daubert v. Merrell Dow Pharmaceuticals, Inc. This article focuses on another criterion, offered by the Ninth Circuit Court of Appeals, that instructs judges to assign lower credibility to “litigation science” than to science generated before litigation. In this article I argue that the criterion-based approach to judicial screening of scientific evidence is deeply flawed. That approach buys into the faulty premise that there are external criteria, lying outside the legal process, by which judges can distinguish between good and bad science. It erroneously assumes that judges can ascertain the appropriate criteria and objectively apply them to challenged evidence before litigation unfolds, and before methodological disputes are sorted out during that process. Judicial screening does not take into account the dynamics of litigation itself, including gaming by the parties and framing by judges, as constitutive factors in the production and representation of knowledge. What is admitted through judicial screening, in other words, is not precisely what a jury would see anyway. Courts are sites of repeated re-representations of scientific knowledge. In sum, the screening approach fails to take account of the wealth of existing scholarship on the production and validation of scientific facts. An unreflective application of that approach thus puts courts at risk of relying upon a “junk science” of the nature of scientific knowledge. PMID:18197311

Representation and re-presentation in litigation science.

PubMed

Jasanoff, Sheila

2008-01-01

Federal appellate courts have devised several criteria to help judges distinguish between reliable and unreliable scientific evidence. The best known are the U.S. Supreme Court's criteria offered in 1993 in Daubert v. Merrell Dow Pharmaceuticals, Inc. This article focuses on another criterion, offered by the Ninth Circuit Court of Appeals, that instructs judges to assign lower credibility to "litigation science" than to science generated before litigation. In this article I argue that the criterion-based approach to judicial screening of scientific evidence is deeply flawed. That approach buys into the faulty premise that there are external criteria, lying outside the legal process, by which judges can distinguish between good and bad science. It erroneously assumes that judges can ascertain the appropriate criteria and objectively apply them to challenged evidence before litigation unfolds, and before methodological disputes are sorted out during that process. Judicial screening does not take into account the dynamics of litigation itself, including gaming by the parties and framing by judges, as constitutive factors in the production and representation of knowledge. What is admitted through judicial screening, in other words, is not precisely what a jury would see anyway. Courts are sites of repeated re-representations of scientific knowledge. In sum, the screening approach fails to take account of the wealth of existing scholarship on the production and validation of scientific facts. An unreflective application of that approach thus puts courts at risk of relying upon a "junk science" of the nature of scientific knowledge.

12 CFR 4.39 - Notification of parties and procedures for sharing and using OCC records in litigation.

Code of Federal Regulations, 2010 CFR

2010-01-01

... CURRENCY, DEPARTMENT OF THE TREASURY ORGANIZATION AND FUNCTIONS, AVAILABILITY AND RELEASE OF INFORMATION... Information § 4.39 Notification of parties and procedures for sharing and using OCC records in litigation. (a... information obtained pursuant to this subpart, and, upon entry of a protective order, shall provide copies of...

32 CFR 720.24 - Interviews and depositions in connection with civil litigation in matters pertaining to official...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Interviews and depositions in connection with... Interviews and depositions in connection with civil litigation in matters pertaining to official duties. Requests to interview, depose, or call as witnesses, current or former members or civilian employees of the...

32 CFR 720.24 - Interviews and depositions in connection with civil litigation in matters pertaining to official...

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Interviews and depositions in connection with... Interviews and depositions in connection with civil litigation in matters pertaining to official duties. Requests to interview, depose, or call as witnesses, current or former members or civilian employees of the...

A New Defendant at the Table: An Overview of Missouri School Finance and Recent Litigation

ERIC Educational Resources Information Center

Podgursky, Michael; Smith, James; Springer, Matthew G.

2008-01-01

Like many other states, Missouri has gone through several rounds of school finance litigation. However, the trial just concluded was unusual in two respects. First, three taxpayers were allowed to intervene for the defense and, in the process, raise important questions concerning the efficiency of school spending and broader questions of school…

Identifying Faculty Perceptions of Awareness and Preparedness Relating to ADA Compliance at a Small, Private College in NE PA

ERIC Educational Resources Information Center

Stevens, Chad M.; Schneider, Elizabeth; Bederman-Miller, Patricia

2018-01-01

This paper explores post-secondary faculty perceptions of awareness and preparedness relating to Americans with Disabilities Act (ADA). Institutions of higher education are businesses. The largest threat to sustained viability for many businesses is litigation. Business-related litigation is often the result of non-employment discrimination or…

23 CFR Appendix B to Subpart B of... - Required Contract Provisions, Appalachian Development Highway System and Local Access Roads...

Code of Federal Regulations, 2013 CFR

2013-04-01

... result of a lawful collective bargaining contract, provided that the number of nonresident persons... contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result... threatened with, litigation with a subcontractor or supplier, as a result of such direction, the contractor...

23 CFR Appendix B to Subpart B of... - Required Contract Provisions, Appalachian Development Highway System and Local Access Roads...

Code of Federal Regulations, 2012 CFR

2012-04-01

... result of a lawful collective bargaining contract, provided that the number of nonresident persons... contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result... threatened with, litigation with a subcontractor or supplier, as a result of such direction, the contractor...

23 CFR Appendix B to Subpart B of... - Required Contract Provisions, Appalachian Development Highway System and Local Access Roads...

Code of Federal Regulations, 2014 CFR

2014-04-01

... result of a lawful collective bargaining contract, provided that the number of nonresident persons... contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result... threatened with, litigation with a subcontractor or supplier, as a result of such direction, the contractor...

23 CFR Appendix B to Subpart B of... - Required Contract Provisions, Appalachian Development Highway System and Local Access Roads...

Code of Federal Regulations, 2011 CFR

2011-04-01

... result of a lawful collective bargaining contract, provided that the number of nonresident persons... contractor becomes involved in, or is threatened with litigation with a subcontractor or vendor as a result... threatened with, litigation with a subcontractor or supplier, as a result of such direction, the contractor...

Mobilizing Ethnic Equality in Admissions to Schools: Litigation, Politics, and Educational Change

ERIC Educational Resources Information Center

Perry-Hazan, Lotem; Perelstain, Oshrat

2018-01-01

This study explores the impact of litigation on the mobilization of ethnic equality in the admission to Haredi (ultra-Orthodox) schools in Israel, and examines the socio-political mechanisms that have shaped this impact. It uses a case-study approach and draws on an analysis of documents and interviews. The findings confirm the conclusions of…

Lifting All Boats? Finance Litigation, Education Resources, and Student Needs in the Post-"Rose" Era

ERIC Educational Resources Information Center

Sims, David P.

2011-01-01

"Rose v. Council for Better Education" (1989) is often considered a transition point in education finance litigation, heralding an era of increasing concern for measurable adequacy of education across a broad spectrum of student needs. Prior research suggests that post-Rose lawsuits had less effect on the distribution of school spending…

The Burger Court and the Prima Facie Case in Employment Discrimination Litigation: A Critique.

ERIC Educational Resources Information Center

Friedman, Joel William

1979-01-01

The unprincipled and contrived reasoning running through these opinions manifests an intentional effort by the Court to impede litigants' ability to secure their rights to equal employment opportunity by raising the requirements of the prima facie case. Available from Fred B. Rothman & Co., 10368 West Centennial Road, Littleton, CO 80123; sc…

The Interaction Between Tax and Expenditure Limitations, Supermajority Requirements, and School Finance Litigation

ERIC Educational Resources Information Center

Jordan, Teresa S.; Jordan, K. Forbis; Crawford, James

2005-01-01

This article focuses on the change in selected state-level school finance variables from 1970 to 2000, with particular attention to the changes in these variables and school finance litigation decisions in states with and without state-level tax and expenditure limitations (TELs) or supermajority requirements (SMRs). The magnitude of the decrease…

MMPI-2-RF Characteristics of Custody Evaluation Litigants

ERIC Educational Resources Information Center

Archer, Elizabeth M.; Hagan, Leigh D.; Mason, Janelle; Handel, Richard; Archer, Robert P.

2012-01-01

The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that…

40 CFR 1611.8 - Procedure in the event of a subpoena in civil litigation.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 40 Protection of Environment 33 2014-07-01 2014-07-01 false Procedure in the event of a subpoena in civil litigation. 1611.8 Section 1611.8 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.8 Procedure in the event of a subpoena in...

40 CFR 1611.8 - Procedure in the event of a subpoena in civil litigation.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Procedure in the event of a subpoena in civil litigation. 1611.8 Section 1611.8 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.8 Procedure in the event of a subpoena in...

Deciding Who Decides Questions at the Intersection of School Finance Reform Litigation and Standards-Based Accountability Policies

ERIC Educational Resources Information Center

Superfine, Benjamin Michael

2009-01-01

Courts hearing school finance reform cases have recently begun to consider several issues related to standards-based accountability policies. This convergence of school finance reform litigation and standards-based accountability policies represents a chance for the courts to reallocate decision-making authority for each type of reform across the…

Litigation and Students with Disabilities: An Overview of Cases From 2015

ERIC Educational Resources Information Center

Katsiyannis, Antonis; Counts, Jennifer; Popham, Michelle; Ryan, Joseph; Butzer, Madeline

2016-01-01

Special education is the most highly litigated area within the field of education. Therefore, the purpose of the current article is to highlight cases (court decisions, Office of Civil Rights rulings, and State Educational Agency hearings) involving students with disabilities in 2015. Highlights from the case law point to the need for school…

Advancing rights for women: the role of litigation.

PubMed

Cabal, Luisa

2006-12-01

Litigation is becoming an increasingly attractive advocacy tool for human rights movements around the world. It has served as an effective strategy not only for reforming or enforcing laws that deny or protect basic human rights, but also for raising awareness of and mobilizing support for human rights issues. In this article, which is based on a presentation at a symposium session at the conference, Luisa Cabal focuses on a specific area within the realm of women's health and rights--the rights of HIV-positive women and girls, and in particular, violations they experience vis-à-vis access to health care--and discusses the potential for litigation to help raise awareness and advance efforts to protect and promote human rights in this area.

Conflicts of Interest in Scientific Research Related to Regulation or Litigation

PubMed Central

Resnik, David B.

2009-01-01

This article examines conflicts of interest in the context of scientific research related to regulation or litigation. The article defines conflicts of interest, considers how conflicts of interest can impact research, and discusses different strategies for dealing with conflicts of interest. While it is not realistic to expect that scientific research related to regulation or litigation will ever be free from conflicts of interest, society should consider taking some practical steps to minimize the impact of these conflicts, such as requiring full disclosure of information required for independent evaluation of research, prohibiting financial relationships between regulatory agencies and the companies they regulate, and banning payments to expert witnesses for specific research results, testimony or legal outcomes. PMID:19554198

Lawsuits and secondhand smoke.

PubMed

Sweda, E L

2004-03-01

This paper describes secondhand smoke (SHS) litigation over the past quarter century where non-smoking litigants have prevailed and attempts to decipher trends in the law that may impact the course of future cases. Since the early 1980s, the author has sought and examined legal cases in which SHS exposure is an important factor. Law library searches using the official reporter system (for example, Shimp v. New Jersey Bell Telephone Co., 368 A.2d 408) have more recently been combined with computerised online searches using LexisNexis and Westlaw. The author has learned of other cases through personal correspondence and from articles in newspapers. Over 420 cases involving exposure to SHS were identified. Each case was reviewed and summarised. Since 1976, the year of the first reported SHS lawsuit, this type of litigation has increased both in number and in scope with increasing success. While it is common for initial cases to lose in a new area where the law eventually evolves, litigants and their lawyers who later bring similar cases can learn from those previous, unsuccessful cases. It is now apparent that the judicial branch has begun to recognise the need to protect the public-especially some of the most vulnerable members of our society-from the serious threat to their health that is exposure to SHS. Successful cases brought on behalf of individuals exposed to SHS produce an additional benefit for the public health by both paving the way for other non-smoking litigants to succeed in their cases and persuading business owners and others voluntarily to make their facilities 100% smoke-free.

Epistaxis: the factors involved in determining medicolegal liability.

PubMed

Khan, Mohemmed N; Blake, Danielle M; Vazquez, Alejandro; Setzen, Michael; Baredes, Soly; Eloy, Jean Anderson

2014-01-01

The purpose of this study was to examine litigation involving epistaxis and analyze factors that determine liability. Jury verdicts and settlements regarding cases involving epistaxis were gathered utilizing the Westlaw database. Factors involved in litigation gathered included demographics, defendant specialty, procedure, alleged cause of malpractice, outcome, monetary award, and other variables. A total of 26 cases were analyzed. The majority of cases (57.7%) were decided in favor of the plaintiff or settled out of court. Total awards amounted to $24,501,252. Average awards for cases decided in favor of the plaintiff were $2,260,893 and ranged from $499,845 to $9,022,643. Settlements averaged $1,084,375 and ranged from $300,000 to $3,800,000. Common causes of malpractice encountered included delay in diagnosis, complications from medical procedures, and failure to recognize complications in a timely manner. Contrary to previous reports analyzing malpractice for varying medical procedures and complications, litigation in epistaxis is more commonly resolved in favor of the plaintiff or resolved through out-of-court settlements. Substantial financial awards and therapeutic complications from blindness to death make epistaxis a candidate for litigation. Of importance from a medicolegal stand is the fact that 30.8% (8) of the patients involved in epistaxis litigation died, either from complications of therapy or from experiencing epistaxis as a complication of another procedure/pathology. Using necessary diagnostic imaging, ensuring proper management techniques, and recognizing complications in a timely manner can serve to limit legal liability and enhance patient safety. © 2013 ARS-AAOA, LLC.

In the eyes of the law: malpractice litigation in oculoplastic surgery.

PubMed

Svider, Peter F; Blake, Danielle M; Husain, Qasim; Mauro, Andrew C; Turbin, Roger E; Eloy, Jean Anderson; Langer, Paul D

2014-01-01

To assess characteristics associated with various outcomes of malpractice litigation, resulting from injuries sustained during oculoplastic procedures. The Westlaw legal database (Thomson Reuters, New York, NY, U.S.A.) was used to obtain jury verdicts and settlements. Pertinent data were extracted from 69 malpractice cases litigated from 1988 to 2012 involving oculoplastic procedures, including alleged cause of malpractice, outcome, and defendant specialty. The most commonly litigated surgical procedures were blepharoplasty (63.8% of total) and brow lift surgery (11.6%). The most commonly alleged complications included excessive scarring (24.6%), lagophthalmos (24.6%), visual defects (23.2%), and exposure keratitis (21.7%). Plastic surgeons were the most commonly named defendants (46.4%), followed by both comprehensive ophthalmologists and fellowship-trained ophthalmic plastic surgeons (17.3% each). A defense verdict was held in 60.9% of cases, a plaintiff verdict in 31.9% of cases, and a settlement was reached in 7.2% of cases. Blindness, cranial nerve injury, and the allegation of a permanent deficit increased the likelihood of a case being resolved with payment to the plaintiff (Fisher exact tests, p < 0.05). Most litigated oculoplastic malpractice cases were resolved in favor of the defendant, while settlements and plaintiff decisions averaged $455,703. Blepharoplasty constituted two-thirds of cases, with the most frequently cited associated complications being unsightly scarring, lagophthalmos, and visual deficits. An alleged lack of informed consent (30.4%) or the need for additional surgery (39.1%) was present in a considerable proportion of cases, emphasizing the importance of a detailed informed consent and clear communication preoperatively regarding patient expectations.

Don't Try This at Home: Using a Multilayered Approach to Teach the Law of Sexual Harassment and Sexual Harassment Investigations

ERIC Educational Resources Information Center

Halgas, Jordan T. L.

2006-01-01

In a litigious society, it is of particular importance that students understand the law of sexual harassment and sexual harassment investigations. Sexual harassment litigation can create a heavy financial burden on employers. Sexual harassment investigations and litigation also cause a social impact on employers. In order to provide students with…

26 CFR 7.48-1 - Election to have investment credit for movie and television films determined in accordance with...

Code of Federal Regulations, 2010 CFR

2010-04-01

... and television films determined in accordance with previous litigation. 7.48-1 Section 7.48-1 Internal... movie and television films determined in accordance with previous litigation. (a) Generally. Under... to any film placed in service in any taxable year beginning before January 1, 1975, may elect to have...

Assessing Success in School Finance Litigation: The Case of New Jersey. Education, Equity, and the Law. No. 1

ERIC Educational Resources Information Center

Goertz, Margaret E.; Weiss, Michael

2009-01-01

Education finance policy in New Jersey has been shaped by over 30 years of school finance litigation. Through its decisions in "Robinson v. Cahill" (1973-1976) and "Abbott v. Burke" (1985-2005), the justices of New Jersey's supreme court have defined the state's constitutional guarantee of a "thorough and efficient"…

75 FR 8045 - Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-02-23

... COMMISSION ON CIVIL RIGHTS Hearing on the Department of Justice's Actions Related to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act Correction Notice document 2010-3168 appearing on page 7441 in the issue of Friday, February 19, 2010 was included in error...

75 FR 22551 - Continuation of Hearing on the Department of Justice's Actions Related to the New Black Panther...

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-29

... New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights Act... the Voting Rights Act. The Commission is authorized to hold hearings and to issue subpoenas for the... to the New Black Panther Party Litigation and its Enforcement of Section 11(b) of the Voting Rights...

37 CFR 10.64 - Avoiding acquisition of interest in litigation or proceeding before the Office.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Avoiding acquisition of interest in litigation or proceeding before the Office. 10.64 Section 10.64 Patents, Trademarks, and Copyrights UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE REPRESENTATION OF OTHERS BEFORE THE PATENT AND TRADEMARK OFFICE Patent and...

32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

Code of Federal Regulations, 2013 CFR

2013-07-01

... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

Code of Federal Regulations, 2011 CFR

2011-07-01

... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

Code of Federal Regulations, 2014 CFR

2014-07-01

... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

Code of Federal Regulations, 2012 CFR

2012-07-01

... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

32 CFR Appendix C to Part 516 - Department of Defense Directive 5405.2, Release of Official Information in Litigation and...

Code of Federal Regulations, 2010 CFR

2010-07-01

... Defense. 3. Litigation. All pretrial, trial, and post-trial stages of all existing or reasonably... Department of Justice, as required; and taking final action on such requests and demands. 2. Factors To... paragraph F.1., DoD officials should consider the following types of factors: a. Whether the request or...

The causality between smoking and lung cancer among groups and individuals: addressing issues in tobacco litigation in South Korea

PubMed Central

Khang, Young-Ho

2015-01-01

This article discusses issues on the causality between smoking and lung cancer, which have been raised during the tobacco litigation in South Korea. It should be recognized that the explanatory ability of risk factor(s) for inter-individual variations in disease occurrence is different from the causal contribution of the risk factor(s) to disease occurrence. The affected subjects of the tobacco litigation in South Korea are lung cancer patients with a history of cigarette smoking. Thus, the attributable fraction of the exposed rather than the population attributable fraction should be used in the tobacco litigation regarding the causal contribution of smoking to lung cancer. Scientific evidence for the causal relationship between smoking and lung cancer is based on studies of individuals and groups, studies in animals and humans, studies that are observational or experimental, studies in laboratories and communities, and studies in both underdeveloped and developed countries. The scientific evidence collected is applicable to both groups and individuals. The probability of causation, which is calculated based on the attributable fraction for the association between smoking and lung cancer, could be utilized as evidence to prove causality in individuals. PMID:26137845

The causality between smoking and lung cancer among groups and individuals: addressing issues in tobacco litigation in South Korea.

PubMed

Khang, Young-Ho

2015-01-01

This article discusses issues on the causality between smoking and lung cancer, which have been raised during the tobacco litigation in South Korea. It should be recognized that the explanatory ability of risk factor(s) for inter-individual variations in disease occurrence is different from the causal contribution of the risk factor(s) to disease occurrence. The affected subjects of the tobacco litigation in South Korea are lung cancer patients with a history of cigarette smoking. Thus, the attributable fraction of the exposed rather than the population attributable fraction should be used in the tobacco litigation regarding the causal contribution of smoking to lung cancer. Scientific evidence for the causal relationship between smoking and lung cancer is based on studies of individuals and groups, studies in animals and humans, studies that are observational or experimental, studies in laboratories and communities, and studies in both underdeveloped and developed countries. The scientific evidence collected is applicable to both groups and individuals. The probability of causation, which is calculated based on the attributable fraction for the association between smoking and lung cancer, could be utilized as evidence to prove causality in individuals.

Limits on testamentary freedom for people with dementia in Albania: Innovative Practice.

PubMed

Vyshka, Gentian; Kruja, Jera

2017-07-01

The extent to which dementia affects a person's testamentary capacity has been the subject of much litigation with some countries introducing legal tests to assess capacity. In light of substantial societal change in Albania in the last two decades and an epidemic of property litigation, Albanian legal practice is witnessing an increasing number of attempts to posthumously nullify wills. Plaintiffs are mainly relatives of the deceased testator who are unhappy with the quantity or quality of the property they have inherited. Based on plaintiffs' claims, solicitors may request expert neuropsychiatric reviews postmortem, often basing their position on prescription drug use by the testator during his/her last years of life. The authors discuss ethical issues intrinsically related to the difficult role of a potential expert witness in these litigation cases.

English law for the surgeon I: consent, capacity and competence.

PubMed

Jerjes, Waseem; Mahil, Jaspal; Upile, Tahwinder

2011-09-17

Traditionally, in the United Kingdom and Europe the surgeon was generally not troubled by litigation from patients presenting as elective as well as emergency cases, but this aspect of custom has changed. Litigation by patients now significantly affects surgical practice and vicarious liability often affects hospitals. We discuss some fundamental legal definitions, a must to know for a surgeon, and highlight some interesting cases.

31 CFR 370.39 - To what extent is a digital signature admissible in any civil litigation or dispute?

Code of Federal Regulations, 2011 CFR

2011-07-01

... 31 Money and Finance:Treasury 2 2011-07-01 2011-07-01 false To what extent is a digital signature... Submission of Transaction Requests Through the Bureau of the Public Debt § 370.39 To what extent is a digital signature admissible in any civil litigation or dispute? In asserting a digital signature against you in any...

31 CFR 370.39 - To what extent is a digital signature admissible in any civil litigation or dispute?

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false To what extent is a digital signature... Submission of Transaction Requests Through the Bureau of the Public Debt § 370.39 To what extent is a digital signature admissible in any civil litigation or dispute? In asserting a digital signature against you in any...

9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

Code of Federal Regulations, 2013 CFR

2013-01-01

... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2013-01-01 2013-01-01 false Litigation as to whether a system is...

9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

Code of Federal Regulations, 2012 CFR

2012-01-01

... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2012-01-01 2012-01-01 false Litigation as to whether a system is...

9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

Code of Federal Regulations, 2011 CFR

2011-01-01

... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2011-01-01 2011-01-01 false Litigation as to whether a system is...

9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

Code of Federal Regulations, 2010 CFR

2010-01-01

... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Litigation as to whether a system is...

9 CFR 205.214 - Litigation as to whether a system is operating in compliance with the Section.

Code of Federal Regulations, 2014 CFR

2014-01-01

... as to whether a system is operating in compliance with the Section. (a) The requirements for a system... certification, is operating in compliance, thus whether it is a “central filing system” as defined, could be... 9 Animals and Animal Products 2 2014-01-01 2014-01-01 false Litigation as to whether a system is...

English law for the surgeon II: clinical negligence.

PubMed

Jerjes, Waseem; Mahil, Jaspal; Upile, Tahwinder

2011-12-21

Traditionally, in the United Kingdom and Europe, the surgeon was generally not troubled by litigation from patients presenting as elective as well as emergency cases, but this aspect of custom has changed. Litigation by patients now significantly affects surgical practice and vicarious liability often affects hospitals. We discuss some fundamental legal definitions, a must to know for a surgeon, and highlight some interesting cases.

English law for the surgeon II: Clinical negligence

PubMed Central

2011-01-01

Traditionally, in the United Kingdom and Europe, the surgeon was generally not troubled by litigation from patients presenting as elective as well as emergency cases, but this aspect of custom has changed. Litigation by patients now significantly affects surgical practice and vicarious liability often affects hospitals. We discuss some fundamental legal definitions, a must to know for a surgeon, and highlight some interesting cases. PMID:22189041

The Social, Political, Economic, and Legal Aspects of Affirmative Action Admission Litigation from 2002-2007 for Five Universities

ERIC Educational Resources Information Center

De Mars, Douglas V.

2010-01-01

Litigation against colleges and universities has prompted the need to re-examine the legalities of the means by which they strive for a diverse student population. Court decisions have resulted in mixed signals about the use of various types of affirmative action policies. This study' method presented an analysis of archival data to provide a…

"It's doom alone that counts": can international human rights law be an effective source of rights in correctional conditions litigation?

PubMed

Perlin, Michael L; Dlugacz, Henry A

2009-01-01

Over the past three decades, the U.S. judiciary has grown increasingly less receptive to claims by convicted felons as to the conditions of their confinement while in prison. Although courts have not articulated a return to the "hands off" policy of the 1950s, it is clear that it has become significantly more difficult for prisoners to prevail in constitutional correctional litigation. The passage and aggressive implementation of the Prison Litigation Reform Act has been a powerful disincentive to such litigation in many areas of prisoners' rights law. From the perspective of the prisoner, the legal landscape is more hopeful in matters that relate to mental health care and treatment. Here, in spite of a general trend toward more stringent applications of standards of proof and a reluctance to order sweeping, intrusive remedies, some courts have aggressively protected prisoners' rights to be free from "deliberate indifference" to serious medical needs, and to be free from excessive force on the part of prison officials. A mostly hidden undercurrent in some prisoners' rights litigation has been the effort on the part of some plaintiffs' lawyers to look to international human rights doctrines as a potential source of rights, an effort that has met with some modest success. It receives support by the inclination of other courts to turn to international human rights conventions-even in nations where such conventions have not been ratified-as a kind of "best practice" in the area. The recent publication and subsequent ratification (though not, as of yet, by the United States) of the UN Convention on the Rights of Persons with Disabilities (CRPD) may add new support to those using international human rights documents as a basis for litigating prisoners' rights claims. To the best of our knowledge, there has, as of yet, been no scholarly literature on the question of the implications of the CRPD on the state of prisoners' rights law in a U.S. domestic context. In this article, we raise this question, and offer some tentative conclusions. (c) 2009 John Wiley & Sons, Ltd.

Medical malpractice and hernia repair: an analysis of case law.

PubMed

Walters, Amanda L; Dacey, Kristian T; Zemlyak, Alla Y; Lincourt, Amy E; Heniford, B Todd

2013-04-01

Litigation analysis and clinician education are essential to reduce the number and cost of malpractice claims. This study evaluates the clinical characteristics and legal outcomes of medical malpractice litigation initiated by patients having undergone a hernia repair operation. Published civil suits were obtained from a legal database for state and federal decisions constituting case law. The published material includes information on defendants, plaintiffs, allegations, outcomes, and a variety of legal issues. A retrospective review of 44 published cases from 25 states was performed. Complications were present in 20 of 44 (45%) suits, four (9%) of which were because of infection. Death occurred in five (11%) cases, and failure to obtain informed consent was alleged in seven (16%) of the suits. Retained foreign bodies were present in 7 of the 44 (16%) suits. Other allegations included incorrect surgical technique, insufficient need for surgery, and emotional distress. Most (64%) patients initiating malpractice litigation were male, and inguinal, hiatal, and ventral hernia repairs account for 39%, 27%, and 14% of cases, respectively. Most suits (40%) were initiated in Southern states. Surgical mesh was indicated in 5 of 44 (11%) suits but four of five were unrelated to the suit. One patient initiated litigation because of the fact that the surgeon did not use mesh during surgery, which was discussed preoperatively during the informed consent. The court ruled in favor of the plaintiff in 12 of 44 (27%) suits, with compensation ranging from roughly $19,000 to $8,000,000. Louisiana and New York had six and seven suits each, which appears disproportionate given their respective populations. Complications and death resulting from alleged clinical negligence play a significant role in both the initiation and the outcome of malpractice litigation. Retained foreign bodies and lack of informed consent account for roughly one-third of malpractice litigation associated with hernia repairs. Many of these suits may be avoided with proper patient education and documentation of such along with standard operative preventative measures. Copyright © 2013 Elsevier Inc. All rights reserved.

Malpractice paid losses and financial performance of nursing homes.

PubMed

Zhao, Mei; Haley, D Rob; Oetjen, Reid M; Carretta, Henry J

2011-01-01

Florida's nursing home industry has experienced significant financial pressure over the past decade. One of the primary reasons is the dramatic increase in litigation activity for nursing home providers claiming negligent care and abuse. Although anecdotal reports indicate a higher cost because of malpractice in nursing facilities, few studies have examined the extent of malpractice paid losses and their effect on the financial performance of nursing homes. The purpose of this study was to examine the impact of malpractice paid losses on the financial performance of nursing homes. Medicare Cost Report data and Online Survey, Certification, and Reporting data for Florida skilled nursing facilities over the 6-year period from 2001 to 2006 were used to calculate the malpractice paid losses and the financial performance indicators as well as the nursing home organizational and market factors. Descriptive analysis and multivariate regression analysis were used to examine the effect of paid loss on financial performance. The paid loss for malpractice claims was strongly associated with financial performance. Nursing facilities with malpractice paid losses had consistently lower total margins over the study period. The threat of nursing home litigation may create an incentive for nursing homes to improve quality of care; however, large paid claims can also force nursing homes into a financial situation where the organization no longer has the resources to improve quality. Nursing home managers must assess their malpractice litigation risk and identify tactics to mitigate these risks to better provide a safe and secure environment for the older persons. In addition, this research offers support for local, state, and federal policymakers to revisit the issue of malpractice litigation and the nursing home industry through its insight on the relationship of nursing home margins and litigation.

From the operating room to the courtroom: a comprehensive characterization of litigation related to facial plastic surgery procedures.

PubMed

Svider, Peter F; Keeley, Brieze R; Zumba, Osvaldo; Mauro, Andrew C; Setzen, Michael; Eloy, Jean Anderson

2013-08-01

Malpractice litigation has increased in recent decades, contributing to higher health-care costs. Characterization of complications leading to litigation is of special interest to practitioners of facial plastic surgery procedures because of the higher proportion of elective cases relative to other subspecialties. In this analysis, we comprehensively examine malpractice litigation in facial plastic surgery procedures and characterize factors important in determining legal responsibility, as this information may be of great interest and use to practitioners in several specialties. Retrospective analysis. The Westlaw legal database was examined for court records pertaining to facial plastic surgery procedures. The term "medical malpractice" was searched in combination with numerous procedures obtained from the American Academy of Facial Plastic and Reconstructive Surgery website. Of the 88 cases included, 62.5% were decided in the physician's favor, 9.1% were resolved with an out-of-court settlement, and 28.4% ended in a jury awarding damages for malpractice. The mean settlement was $577,437 and mean jury award was $352,341. The most litigated procedures were blepharoplasties and rhinoplasties. Alleged lack of informed consent was noted in 38.6% of cases; other common complaints were excessive scarring/disfigurement, functional considerations, and postoperative pain. This analysis characterized factors in determining legal responsibility in facial plastic surgery cases. Several factors were identified as potential targets for minimizing liability. Informed consent was the most reported entity in these malpractice suits. This finding emphasizes the importance of open communication between physicians and their patients regarding expectations as well as documentation of specific risks, benefits, and alternatives. © 2013 The American Laryngological, Rhinological, and Otological Society, Inc.

Claims, errors, and compensation payments in medical malpractice litigation.

PubMed

Studdert, David M; Mello, Michelle M; Gawande, Atul A; Gandhi, Tejal K; Kachalia, Allen; Yoon, Catherine; Puopolo, Ann Louise; Brennan, Troyen A

2006-05-11

In the current debate over tort reform, critics of the medical malpractice system charge that frivolous litigation--claims that lack evidence of injury, substandard care, or both--is common and costly. Trained physicians reviewed a random sample of 1452 closed malpractice claims from five liability insurers to determine whether a medical injury had occurred and, if so, whether it was due to medical error. We analyzed the prevalence, characteristics, litigation outcomes, and costs of claims that lacked evidence of error. For 3 percent of the claims, there were no verifiable medical injuries, and 37 percent did not involve errors. Most of the claims that were not associated with errors (370 of 515 [72 percent]) or injuries (31 of 37 [84 percent]) did not result in compensation; most that involved injuries due to error did (653 of 889 [73 percent]). Payment of claims not involving errors occurred less frequently than did the converse form of inaccuracy--nonpayment of claims associated with errors. When claims not involving errors were compensated, payments were significantly lower on average than were payments for claims involving errors (313,205 dollars vs. 521,560 dollars, P=0.004). Overall, claims not involving errors accounted for 13 to 16 percent of the system's total monetary costs. For every dollar spent on compensation, 54 cents went to administrative expenses (including those involving lawyers, experts, and courts). Claims involving errors accounted for 78 percent of total administrative costs. Claims that lack evidence of error are not uncommon, but most are denied compensation. The vast majority of expenditures go toward litigation over errors and payment of them. The overhead costs of malpractice litigation are exorbitant. Copyright 2006 Massachusetts Medical Society.

[Right-to-health litigation in three Latin American countries: a systematic literature review].

PubMed

Reveiz, Ludovic; Chapman, Evelina; Torres, Rubén; Fitzgerald, James F; Mendoza, Adriana; Bolis, Mónica; Salgado, Osvaldo

2013-03-01

Identify and evaluate studies that analyzed characteristics of right-to-health litigation in Brazil, Colombia, and Costa Rica. Studies were evaluated that analyzed characteristics of right-to-health litigation identified through a search of PubMed, LILACS, Cochrane Library, and Scirus (April 2012). Two reviewers evaluated the studies. Variables collected were, among others, grounds for litigation, proportion of lawsuits for benefits covered by the health system, and lawsuits on high-cost technologies. Thirty studies were identified (Brazil 19, Colombia 10, and Costa Rica 1). Judgments were frequently in favor of plaintiffs: Colombia (75%-87%), Costa Rica (89.7%), and Brazil (70%-100%). In Colombia, lawsuits were filed for benefits included in the Compulsory Health Plan (range: 41%-69.9%). In Brazil there was considerable variation in the amount of lawsuits between the Exceptional Circumstance Drug Dispensing Program (13%-31%) and basic medicines in the Unified Health System (approximately 50%). Lawsuits on drugs varied as a percentage of all lawsuits (Colombia 11.9%-35.6%, Costa Rica 30.2%, and Brazil 49.6%). A study in Brazil found a statistically significant difference when comparing lawsuits on exceptional drugs versus all other drugs, by social class; and in another study, according to lawsuits from municipalities with better socioeconomic indicators. A concentration of lawsuits on drug prescribing by a limited group of physicians was reported. Prescribing was not always supported by scientific evidence. Another study found that in half of the cases, the cost of legal proceedings was higher than the cost of the services being claimed. There are similarities in the grounds, nature, and impact of litigation in the context of the countries studied. The studies included show weaknesses of health systems to ensure access to different services as well as in the introduction of new health technologies.

Assessing older adults in civil litigation cases.

PubMed

Kohutis, Eileen A

With the population aging, the legal and mental health systems need to be prepared for cases that involve older adults beyond the customary matters of guardianship and competency. Assessing older adults with the current tests raises concerns because these measures may not be adequately normed for this age group. Malingering, factitious disorders, and somatoform disorders are discussed due to health-related issues of normal aging. These topics complicate the assessment procedure and need consideration because they may affect the claimant's performance or symptom presentation. Although claims of posttraumatic stress disorder (PTSD) are common in civil litigation cases, it can be additionally complex in older adults. The evaluator needs to weigh not only factors related to the normal biological process of aging but also those that are attendant with the litigation. Copyright © 2016 Elsevier Ltd. All rights reserved.

The decline of judicial deference to medical opinion in medical negligence litigation in Malaysia.

PubMed

Kassim, Puteri Nemie J

2008-06-01

The decision of the Federal Court of Malaysia in abandoning the Bolam principle in relation to doctor's duty to disclose risks has clearly marked the decline of judicial deference to medical opinion in medical negligence litigation in Malaysia. It is undeniable that the Bolam principle has acted as a gatekeeper to the number of claims against medical practitioners. This has always been seen as necessary to protect the society from unwanted effects of defensive medicine. However, will these changes contribute significantly to the growth of medical negligence cases in Malaysia? This article will trace the development of the Bolam principle in medical negligence litigation in Malaysia since 1965 and analyse the influence of selected Commonwealth cases on the development. The implications of the Federal Court ruling will also be discussed.

Equipment Standards: History, Litigation, and Advice

PubMed Central

Hedley-Whyte, John; Milamed, Debra R.

1999-01-01

Summary The authors present a concise history of the development of national and international standards for surgical equipment. Standards-writing organizations, surgical and other specialty societies, universities, test houses, and the U.S. government have influenced this process, which is now manifested in complex interactions between national and international standards-writing organizations, and in CE (Conformité Europeene) marks being placed on surgical equipment in the United States and elsewhere. The history of litigation in standards development is also reviewed. Recommendations to maximize patient safety and to help ensure successful, cost-effective defense in litigation for surgeons who use equipment and may suffer its malfunctions are given. Overall, the complicated oversight of surgical equipment standards and the approval process appears to be contributing to the improving and outstanding results of U.S. surgery reported by the U.S. government. PMID:10400045

The Monsanto Papers: Poisoning the scientific well.

PubMed

McHenry, Leemon B

2018-01-01

Examination of de-classified Monsanto documents from litigation in order to expose the impact of the company's efforts to influence the reporting of scientific studies related to the safety of the herbicide, glyphosate. A set of 141 recently de-classified documents, made public during the course of pending toxic tort litigation, In Re Roundup Products Liability Litigation were examined. The documents reveal Monsanto-sponsored ghostwriting of articles published in toxicology journals and the lay media, interference in the peer review process, behind-the-scenes influence on retraction and the creation of a so-called academic website as a front for the defense of Monsanto products. The use of third-party academics in the corporate defense of glyhphosate reveals that this practice extends beyond the corruption of medicine and persists in spite of efforts to enforce transparency in industry manipulation.

The Litigation Engine: Influence and Control of K-12 Arts Education Policy. Symposium: Control and K-12 Arts Education: Part 1. Meanings and Means.

ERIC Educational Resources Information Center

Richmond, John W.

1994-01-01

Asserts that it is ironic to discuss issues of control of arts education policy at a time when national and state leaders describe the public education system as out of control. Examines litigation as an "engine" or driving force of the influence and control of arts education policy from three perspectives. (CFR)

Litigation in nontraumatic aortic diseases--a tempest in the malpractice maelstrom.

PubMed

Elefteriades, John A; Barrett, Peter W; Kopf, Gary S

2008-01-01

Physicians are vulnerable to highly litigated thoracic aortic diseases. On the basis of a review of litigated cases, we aim to determine legally protective strategies for physicians and methods to improve treatment. Thirty-three nontraumatic, thoracic aorta-related legal cases were analyzed. Twenty-three patients (69.7%) had dissections (21 ascending, 2 descending), 8 (24.2%) had aneurysms and 2 had miscellaneous other phenomena (1 coarctation and 1 iatrogenic descending aortic rupture). The adverse event was death in 30 (90.9%) patients and paraplegia or stroke in 3 (9.1%). Allegations included: failure/delay in diagnosis (19), delay in surgery (4), error in surgical technique (5), failure to prevent paraplegia (2) and miscellaneous (3). Medical treatment was retrospectively judged suboptimal in 22 cases (66.6%) for reasons consonant with allegations. Aortic disease can be diagnostically elusive, as 'the great masquerader'. Emergency physicians must maintain a high index of suspicion for aneurysm and dissection. The D-dimer test can effectively rule out aortic dissection. 'Triple rule-out' CT scans should be performed liberally. CT scan readers must remember to evaluate the aorta. Operating room administrators must be aware that postponing a scheduled thoracic aortic case may result in interim rupture and consequent litigation. With virulent thoracic aortic diseases, adverse outcome itself does not imply substandard care. 2007 S. Karger AG, Basel

Deregulation, Distrust, and Democracy: State and Local Action to Ensure Equitable Access to Healthy, Sustainably Produced Food.

PubMed

Wiley, Lindsay F

2015-01-01

Environmental, public health, alternative food, and food justice advocates are working together to achieve incremental agricultural subsidy and nutrition assistance reforms that increase access to fresh fruits and vegetables. When it comes to targeting food and beverage products for increased regulation and decreased consumption, however, the priorities of various food reform movements diverge. This article argues that foundational legal issues, including preemption of state and local authority to protect the public's health and welfare, increasing First Amendment protection for commercial speech, and eroding judicial deference to legislative policy judgments, present a more promising avenue for collaboration across movements than discrete food reform priorities around issues like sugary drinks, genetic modification, or organics. Using the Vermont Genetically Modified Organism (GMO) Labeling Act litigation, the Kauai GMO Cultivation Ordinance litigation, the New York City Sugary Drinks Portion Rule litigation, and the Cleveland Trans Fat Ban litigation as case studies, I discuss the foundational legal challenges faced by diverse food reformers, even when their discrete reform priorities diverge. I also 'explore the broader implications of cooperation among groups that respond differently to the "irrationalities" (from the public health perspective) or "values" (from the environmental and alternative food perspective) that permeate public risk perception for democratic governance in the face of scientific uncertainty.

The Constitutionality of the K-12 Funding System in Illinois. Volume II: 1990 Supplement, with a Note on "Abbott v. Burke." MacArthur-Spencer Series Number 15.

ERIC Educational Resources Information Center

Franklin, David L.; And Others

The results of new and/or continued litigation challenging the constitutionality of state school financial systems since the publication of the first volume of this study, which examined the history of such litigation from 1912-1971, are presented in this second volume. Recent cases illustrate two trends: the increase in the number and expediency…

Clausewitz on Trial: An Application of Military Strategic Thought to Litigation

DTIC Science & Technology

2009-02-12

sexual desires, but rather did so with the intent of providing sex education to his child, which was elicited to the surprise of the prosecutor during...preferral of charges. For example, in a case where the accused is under investigation for burglary and underage drinking, the trial counsel should...terrain, of that specific litigation. In order to prove the underage drinking charge in this hypothetical, the prosecutor will be required to

Roundup litigation discovery documents: implications for public health and journal ethics.

PubMed

Krimsky, Sheldon; Gillam, Carey

2018-06-08

This paper reviews the court-released discovery documents obtained from litigation against Monsanto over its herbicide Roundup and through Freedom of Information Act requests (requests to regulatory agencies and public universities in the United States). We sought evidence of corporate malfeasance and undisclosed conflicts of interest with respect to issues of scientific integrity. The findings include evidence of ghostwriting, interference in journal publication, and undue influence of a federal regulatory agency.

A Sad Journey down History: A Conversation with Judge Nathaniel Jones about Litigating "Milliken v. Bradley I" (1974), 40 Years Later

ERIC Educational Resources Information Center

Gooden, Mark A.; Green, Terrance L.

2016-01-01

The Honorable Judge Nathaniel Jones litigated the "Milliken v. Bradley I" case before the U.S. District Court and Supreme Court in 1971 and 1974. Nathaniel Jones was born May 12, 1926 in Youngstown, Ohio, and served as the general counsel for the NAACP from 1969-1979. In 1979, President Jimmy Carter nominated Nathaniel Jones to the U.S.…

Minorities, the Poor and School Finance Reform. Vol. 8: A History of School Finance Reform Litigation and the Interests of Urban, Poor and Minority Children.

ERIC Educational Resources Information Center

Dimond, Paul R.

As part of a nine-volume, six-state study of the impact of school finance reform on minorities and the poor, this report describes the history of court litigation concerning finance reform. The report's first part traces school finance reform from roughly 1900 through 1971 and summarizes parallel reform efforts by racial and ethnic minorities and…

The Impact of Special Education Litigation upon the Key Factors of Job Satisfaction, Level of Stress, and Self-Esteem That Lead to Teacher Attrition and Retention

ERIC Educational Resources Information Center

DeSio, Mary Jo Ann

2011-01-01

This research study reveals the stories of 19 special educators who participated in, or were summoned to testify, in one of the forms of special education litigation in the state of California. For most participants, their involvement was in a due process hearing conducted by the Office of Administrative Hearings under contract with the California…

Tobacco industry use of judicial seminars to influence rulings in products liability litigation

PubMed Central

Friedman, L C

2006-01-01

Objectives This paper examines the tobacco industry's efforts to influence litigation by sponsoring judicial seminars. Methods Thousands of internal tobacco documents were examined, including memos, reports, presentations, and newsletters. Connections to outside organisations were corroborated by examining tobacco industry financial records, budgets, and letters pledging funds. Facts about outside organisations were triangulated through examining their websites and publicly‐filed financial records, and verifying facts through their representatives' statements in newspaper and law review articles. Results There are direct financial ties between the tobacco industry and groups that organise judicial seminars in an effort to influence jurisprudence, and judges who attend these seminars may be breaching judicial ethics either by not inquiring about the source of funding or by ignoring funding by potential litigants. Conclusions The tobacco industry's attempts to clandestinely influence judges' decisions in cases to which they are a party endangers the integrity of the judiciary. PMID:16565460

Testing the Immunity of the Firearm Industry to Tort Litigation.

PubMed

Studdert, David M; Donohue, John J; Mello, Michelle M

2017-01-01

In the absence of congressional action to reinstate the federal ban on assault weapons, tort litigation offers an alternative strategy for regulating what have become the weapons of choice in mass shootings. However, opportunities to bring successful claims are limited. To prevail, plaintiffs must show that their suit fits within exceptions to the broad immunity from tort actions that Congress gave the firearm industry in the 2005 Protection of Lawful Commerce in Arms Act. In one particularly high-profile lawsuit, families of victims of the school shooting in Newtown, Connecticut, in 2012 sued the makers and sellers of the military-style rifle used in the attack, alleging negligence and deceptive marketing. The trial court dismissed the case on October 14, 2016, but the plaintiffs plan to appeal. We review the history of tort litigation against the firearm industry, outline the Newtown families' claims, and describe the decision.

Health-care workers are losing most AIDS lawsuits, study says.

PubMed

1996-08-09

The Kaiser Family Foundation funded a Georgetown study, The AIDS Litigation Project III--A Look at AIDS in the Courts in the 1990s, to analyze AIDS-related cases in the Federal and State court systems since January 1991. Study director Lawrence Gostin concludes that AIDS has become the most litigated disease in U.S. history and that judges tend to side with the argument that disability rights laws must yield to concern about the possible transmission risks. Initially, courts were supportive of the rights of persons living with AIDS. Currently, courts are likely to support mandatory HIV-antibody testing of health-care employees, prison inmates, and criminal defendants. Gostin predicts that court cases will focus on the rights of patients to receive health insurance coverage for AIDS therapies. Other emerging trends in AIDS litigation are cases involving HIV status disclosure and sexual ethics.

The Civil Rights Act of 1991: From Conciliation to Litigation-- How Congress Delegates Lawmaking to the Courts

DTIC Science & Technology

1993-04-01

instead of attacking the causes. The 1991 Act is a law of stratification that encourages racism , sexism , and litigation to further individual goals and...30 D. What About Those Statistics ? ............................ 31 E. Race Norming - The Dos and Don’ts of Test Scores...in Title VII to recognize group rights through a "disparate impact" theory of discrimination. In Griggs v. Duke Power Co.,` the Court recognized that

Law Enforcement of Consumer Protection for Safe Food Packaging in The Decisions of Criminal Justice

NASA Astrophysics Data System (ADS)

Wiryani, F.; Herwastoeti; Najih, M.; Haris, A.

2017-04-01

The right to a safe food is a human rights protected by the 1945 Constitution and legislation, including the Health Act, the Consumer Protection Act and Food Act. The law governing the rights and obligations of consumers; rights, obligations and responsibilities of businesses, as well as prohibitions and sanctions for businesses that violate. Food consumers aggrieved can file a non-litigation legal action and / or litigation. Non-litigation legal efforts made through negotiation or mediation or through Consumer Dispute Resolution Body (BPSK). The litigation efforts made by filing a lawsuit for damages to the court and / or reporting the case to the criminal law enforcement. This study specifically examines the enforcement of criminal law in the judgment as a safeguard against food consumers. Sanctions provisions setting a strategic role in an effort to make the protection of consumers of food. Patterns general formulation of the maximum penalty in the third Act is not appropriate because it too gives flexibility for the judge to make a decision as low to the Defendant. Facts on society, business agent has a dominant and strong position compared with consumers of food. These favorable conditions business agent position and vice versa less give legal protection to the Consumer Food. Preferably the pattern formulation penalty of criminal acts in the field of food using a specific minimum and maximum public.

Tobacco industry litigation position on addiction: continued dependence on past views

PubMed Central

Henningfield, Jack E; Rose, Christine A; Zeller, Mitch

2006-01-01

This paper reviews the tobacco industry's litigation strategy for addressing the addiction issue through trial testimony by its experts, and opening and closing statements by its lawyers. Despite the fact that several companies now claim to accept, in varying degrees, the conclusions of the Surgeon General concerning tobacco addiction, the tobacco industry litigation strategy pertaining to addiction is essentially unchanged since that of the early 1980s when the issue emerged as crucial. The industry uses its experts and the process of cross‐examination of plaintiff's experts to imply that the addictiveness of tobacco and nicotine are more comparable to substances such as caffeine, chocolate, and even milk, than to heroin, cocaine and alcohol. Furthermore, the tobacco industry contends that the definition of addiction has now become so broadened as to include carrots and caffeine and hence that any concurrence that smoking is addictive, does not imply that cigarettes are addictive to the standards that drugs such as heroin and cocaine are addictive. Finally, the industry has continuously asserted that tobacco users assumed the risks of tobacco since they understood that quitting could be difficult when they began to use, and moreover, that the main barrier to cessation is lack of desire or motivation to quit and not physical addiction. These positions have been maintained through the 2004–2005 US Government litigation that was ongoing as the time of this writing. PMID:17130621

Common causes of injury and legal action in laser surgery.

PubMed

Jalian, H Ray; Jalian, Chris A; Avram, Mathew M

2013-02-01

To identify common causes of legal action, injuries, claims, and decisions related to medical professional liability claims stemming from cutaneous laser surgery. Search of online public legal documents using a national database. Frequency and nature of cases, including year of litigation, location and certification of provider, injury sustained, cause of legal action, verdict, and indemnity payment. From 1985 to 2012, the authors identified 174 cases related to injury stemming from cutaneous laser surgery. The incidence of litigation related to laser surgery shows an increasing trend, with peak occurrence in 2010. Laser hair removal was the most common litigated procedure. Nonphysician operators accounted for a substantial subset of these cases, with their physician supervisors named as defendants, despite not performing the procedure. Plastic surgery was the specialty most frequently litigated against. Of the preventable causes of action, the most common was failure to obtain an informed consent. Of the 120 cases with public decisions, 61 (50.8%) resulted in decisions in favor of the plaintiff. The mean indemnity payment was $380 719. Claims related to cutaneous laser surgery are increasing and result in indemnity payments that exceed the previously reported average across all medical specialties. Nonphysicians performing these procedures will be held to a standard of care corresponding to an individual with appropriate training; thus, physicians are ultimately responsible for the actions of their nonphysician agents.

The role of public law-based litigation in tobacco companies’ strategies in high-income, FCTC ratifying countries, 2004–14

PubMed Central

Steele, Sarah L.; Gilmore, Anna B.; McKee, Martin; Stuckler, David

2016-01-01

Background Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. Methods WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. Results We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. Discussion We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. PMID:26036703

Conditions that influence the impact of malpractice litigation risk on physicians’ behavior regarding patient safety

PubMed Central

2014-01-01

Background Practicing safe behavior regarding patients is an intrinsic part of a physician’s ethical and professional standards. Despite this, physicians practice behaviors that run counter to patient safety, including practicing defensive medicine, failing to report incidents, and hesitating to disclose incidents to patients. Physicians’ risk of malpractice litigation seems to be a relevant factor affecting these behaviors. The objective of this study was to identify conditions that influence the relationship between malpractice litigation risk and physicians’ behaviors. Methods We carried out an exploratory field study, consisting of 22 in-depth interviews with stakeholders in the malpractice litigation process: five physicians, two hospital board members, five patient safety staff members from hospitals, three representatives from governmental healthcare bodies, three healthcare law specialists, two managing directors from insurance companies, one representative from a patient organization, and one representative from a physician organization. We analyzed the comments of the participants to find conditions that influence the relationship by developing codes and themes using a grounded approach. Results We identified four factors that could affect the relationship between malpractice litigation risk and physicians’ behaviors that run counter to patient safety: complexity of care, discussing incidents with colleagues, personalized responsibility, and hospitals’ response to physicians following incidents. Conclusion In complex care settings procedures should be put in place for how incidents will be discussed, reported and disclosed. The lack of such procedures can lead to the shift and off-loading of responsibilities, and the failure to report and disclose incidents. Hospital managers and healthcare professionals should take these implications of complexity into account, to create a supportive and blame-free environment. Physicians need to know that they can rely on the hospital management after reporting an incident. To create realistic care expectations, patients and the general public also need to be better informed about the complexity and risks of providing health care. PMID:24460754

An overview of Medicaid managed care litigation.

PubMed

Rosenbaum, S; Teitelbaum, J; Kirby, C; Priebe, L; Klement, T

1998-11-01

Since the enactment of Medicaid in 1965, states have had the option of offering beneficiaries enrollment in managed care arrangements. With the advent of mandatory managed care reaching millions of beneficiaries (including a growing proportion of disabled recipients), the amount and scope of litigation involving Medicaid managed care plans can be expected to grow. A review of the current litigation regarding Medicaid managed care reveals two basic types of lawsuits: (1) those that challenge the practices of managed care companies under various federal and state laws that safeguard consumer rights, protect health care quality, and prohibit discrimination; and (2) suits that assert claims arising directly under the Medicaid statute and implementing regulations, as well as claims related to Constitutional safeguards that undergird the program. Lawsuits asserting claims arising under Medicaid tend to raise two basic questions: (1) the extent to which enrollment in a Medicaid managed care plan alters existing Medicaid beneficiary rights and state agency duties under federal or state Medicaid law; and (2) the extent to which managed care companies, as agents of the state, act under "color of law" (i.e., undertaking to perform official duties or acting with the imprimatur of state authority). Additionally, states might see an increase in litigation brought by prospective and current contractors who assert that they have been wrongfully denied contracts or improperly penalized for poor performance. These assertions may involve claims that are grounded in federal and state law, the Medicaid statute, and the Constitution. Moreover, in light of the consumer protection elements of the managed care reforms contained in the Balanced Budget Act, future managed care litigation may focus on the manner in which companies carry out states' obligations toward managed care enrollees. Resolution of Medicaid managed care cases involves the application of general principles of administrative and regulatory law. Thus, Medicaid managed care cases have implications for other public purchasers of managed care arrangements, including state mental health and alcohol and substance abuse agencies.

Closed Claims Analysis of Medical Malpractice Lawsuits Involving Midwives: Lessons Learned Regarding Safe Practices and the Avoidance of Litigation.

PubMed

McCool, William F; Guidera, Mamie; Griffinger, Ellie; Sacan, Dulcy

2015-01-01

The risk of litigation remains of concern to midwives, their practice partners, employers, and malpractice insurance providers. Closed claims analysis is a method of examining risk patterns and behaviors in lawsuits, including those involving health care practices. The purpose of this investigation was to evaluate claims brought against midwives, with the intent of developing strategies to decrease the incidence of litigation. Data were collected in joint meetings with members of the American College of Nurse-Midwives (ACNM); the American Association of Birth Centers; the American International Group (AIG), a major malpractice insurer for certified nurse-midwives/certified midwives (CNMs/CMs); and Contemporary Insurance Services, an independent insurance agency that has worked with AIG to facilitate the writing of malpractice insurance policies for CNMs/CMs. The purpose of the meetings was to review 162 litigation cases that involved midwives insured by AIG and had been closed between the years 2002 and 2011. Follow-up analyses of data and reporting of results were performed by the authors, who are members of the Professional Liability Section of the ACNM Division of Standards and Practice. Findings reflected 7 major categories of liability risk ranging from the most prevalent (ie, fetal/newborn complications or death) to the least prevalent (ie, attending a vaginal birth after cesarean). Data also were examined regarding the highest amounts incurred in court decisions or pretrial settlements because they were related to types of adverse outcomes that occurred. Recommendations for improving clinical practice and avoiding litigation based on findings from the closed claims analysis include, but are not limited to, the need for thorough and accurate documentation in practice, appropriate and timely consultation and collaboration, and the presence of practitioners whose clinical skills match the level of care assessed to be necessary for each woman for whom care is offered. © 2015 by the American College of Nurse-Midwives.

Epidemiology and the law: courts and confidence intervals.

PubMed Central

Christoffel, T; Teret, S P

1991-01-01

Beginning with the swine flu litigation of the early 1980s, epidemiological evidence has played an increasingly prominent role in helping the nation's courts deal with alleged causal connections between plaintiffs' diseases or other harm and exposure to specific noxious agents (such as asbestos, toxic waste, radiation, and pharmaceuticals). Judicial reliance on epidemiology has high-lighted the contrast between the nature of scientific proof and of legal proof. Epidemiologists need to recognize and understand the growing involvement of their profession in complex tort litigation. PMID:1746668

Minimizing medical litigation, part 2.

PubMed

Harold, Tan Keng Boon

2006-01-01

Provider-patient disputes are inevitable in the healthcare sector. Healthcare providers and regulators should recognize this and plan opportunities to enforce alternative dispute resolution (ADR) a early as possible in the care delivery process. Negotiation is often the main dispute resolution method used by local healthcare providers, failing which litigation would usually follow. The role of mediation in resolving malpractice disputes has been minimal. Healthcare providers, administrators, and regulators should therefore look toward a post-event communication-cum-mediation framework as the key national strategy to resolving malpractice disputes.

The expert witness in medical malpractice litigation: through the looking glass.

PubMed

Johnston, James C; Sartwelle, Thomas P

2013-04-01

Neurologists have professional, ethical, and social obligations to ensure that expert witness testimony is reliable, objective, and truthful. In the past, an absence of professional regulatory oversight combined with immunity from civil litigation allowed the partisan expert to flourish. This is no longer the case. The expert witness unquestionably faces an increasingly perilous liability climate, and must be cognizant of the legal rules and procedures. The authors provide guidelines with risk management strategies for the neurologist serving as an expert witness.

Recent Education Finance Litigation. State Education Funding Systems Ruled Constitutionally Deficient in Tennessee, Alabama, Massachusetts, North Dakota, and Arizona. State Systems Upheld in Nebraska, Minnesota, Florida, Oregon, and New York.

ERIC Educational Resources Information Center

Maiden, Jeffrey

Constitutional challenges to state statutory schema for distributing education dollars to local school districts has provided a study course of litigation in state court systems since the early 1970s. This paper is an analysis of 10 of these cases, which were ruled upon in the first half of the 1990s. The focus is on constitutional deficiency and…

MMPI-2-RF characteristics of custody evaluation litigants.

PubMed

Archer, Elizabeth M; Hagan, Leigh D; Mason, Janelle; Handel, Richard; Archer, Robert P

2012-03-01

The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that focused on Validity scales L-r and K-r. The current study evaluated the MMPI-2-RF results of 344 child custody litigants and showed substantial consistency between T-score elevations typically found on MMPI-2 Validity scales L and K, and comparable elevations for MMPI-2-RF validity scales L-r and K-r. Mean T-scores well within normal limits characterized results for clinical scales on both instruments. The RC scale intercorrelation patterns, and alpha coefficient values found for MMPI-2-RF scales in a custody population, were also found to be very similar to those reported for other populations. Directions for future research are presented.

It Takes a Village-Taming High Conflict With the "2 PC Model".

PubMed

Behrman, Lauren

2016-05-01

Prolonged litigation frequently leaves once-married and functional parents unable to communicate effectively and coparent with each other. The damage can be even more profound for never-married parents without a history of ever functioning as life partners or parenting partners. High-conflict parents often enter into parenting coordination following litigation through stipulation or court order. For some parents, this modality fails to provide enough support and containment of conflict, and postjudgment litigation continues long after the initial divorce. A clinical case study illustrates the use of an experimental, alternative dispute-resolution intervention we call "the 2 Parenting Coordinator (PC) model." The 2 PC model evolved by applying the collaborative divorce 2-coach intervention to parenting coordination for a family in which traditional parenting coordination had twice failed. The case presented involved never-married parents, whose tenuous and mistrustful connection was threatening to contaminate the child's ability to have an emotionally secure relationship with her father. © 2016 Wiley Periodicals, Inc.

Reducing workers' compensation costs for latex allergy and litigation against glove manufacturing companies.

PubMed

Edlich, Richard F; Mason, Shelley S; Swainston, Erin; Dahlstrom, Jill J; Gubler, K; Long, William B

2009-01-01

It has been well documented in the medical literature that powdered medical gloves can have serious consequences to patients and health-care workers. Adverse reactions to natural latex gloves, such as contact dermatitis and urticaria, occupational asthma, and anaphylaxis, have been documented as a significant cause of Workers' Compensation claims among health-care workers. While the cost of examination and surgical gloves is significant, this factor must be considered with the total cost of Workers' Compensation claims and possible litigation bestowed upon hospitals and glove manufacturing companies. In the United States, Canada, Belgium, and Germany, medical leaders have documented the dangers of powdered latex gloves and have implemented transition programs that are reducing Workers' Compensation claims filed by health-care workers. While attorneys view litigation against powdered glove manufacturers as the "next big tort", the authors of this article were not able to document all compensation costs to disabled workers because many settlements do not allow the claimant to disclose this information.

[Liability of surgeons with respect to injuries to the bile duct during laparoscopic cholecystectomy : Analyses of malpractice litigations in the years 1996-2009].

PubMed

Fellmer, P T; Fellmer, J; Jonas, S

2011-01-01

Injuries to the bile duct during laparoscopic cholecystectomy are often a cause of malpractice litigations. A total of 13 legal verdicts as a result of bile duct injury from 1996 to 2009 were reviewed. Comments on the verdicts and the opinions of expert witnesses were analyzed. Out of 13 claims, 7 were upheld and 6 were rejected. Most expert witnesses from 1996 to 2002 stated that not carrying out a cholangiography and insufficient preparation of the cystic duct constituted a performance below the standard of care expected. Expert witness testimonies from 2004 to 2009, however, regarded injury to the bile duct as predominantly inherent to treatment. With the expansion and acceptance of laparoscopic interventions, changes in the results of malpractice litigation have become evident. In contrast to the phase during establishment of the technology, an injury to the bile duct is nowadays judged predominantly as inherent to treatment.

Mandatory presuit mediation: 5-year results of a medical malpractice resolution program.

PubMed

Jenkins, Randall C; Smillov, Arlene E; Goodwin, Matthew A

2014-01-01

The Florida Patient Safety and Presuit Mediation Program (FLPSMP) is a mandatory mediation program designed to provide deserving patients with fast, fair compensation while limiting the healthcare provider expenses incurred during traditional litigation. Mediation occurs before litigation begins; therefore, patients with meritorious claims receive compensation often years earlier than they would with extended litigation. This early mediation fosters confidential and candid communication between doctors and patients, which promotes early fact-finding and candid discussion. The program went into effect across the University of Florida (UF) Health system on January 1, 2008. In an article previously published in this journal, we discussed the positive trend observed 2 years after the implementation of the FLPSMP. This article incorporates 5 years of data, which includes new benchmarks with state and national data, to demonstrate that the program can be used successfully as a medical malpractice solution. © 2014 American Society for Healthcare Risk Management of the American Hospital Association.

MMPI-2 validity, clinical and content scales, and the Fake Bad Scale for personal injury litigants claiming idiopathic environmental intolerance.

PubMed

Staudenmayer, Herman; Phillips, Scott

2007-01-01

Idiopathic environmental intolerance (IEI) is a descriptor for nonspecific complaints that are attributed to environmental exposure. The Minnesota Multiphasic Personality Inventory 2 (MMPI-2) was administered to 50 female and 20 male personal injury litigants alleging IEI. The validity scales indicated no overreporting of psychopathology. Half of the cases had elevated scores on validity scales suggesting defensiveness, and a large number had elevations on Fake Bad Scale (FBS) suggesting overreporting of unauthenticated symptoms. The average T-score profile for females was defined by the two-point code type 3-1 (Hysteria-Hypochondriasis), and the average T-score profile for males was defined by the three-point code type 3-1-2 (Hysteria, Hypochondriasis-Depression). On the content scales, Health Concerns (HEA) scale was significantly elevated. Idiopathic environmental intolerance litigants (a) are more defensive about expressing psychopathology, (b) express distress through somatization, (c) use a self-serving misrepresentation of exaggerated health concerns, and (d) may exaggerate unauthenticated symptoms suggesting malingering.

Cleft Lip and Cleft Palate Surgery: Malpractice Litigation Outcomes.

PubMed

Justin, Grant A; Brietzke, Scott E

2017-01-01

  This study examined malpractice claims related to cleft lip and cleft palate surgery to identify common allegations and injuries and reviewed financial outcomes.   The WestlawNext legal database was analyzed for all malpractice lawsuits and settlements related to the surgical repair of cleft lip and palate.   Inclusion criteria included patients undergoing surgical repair of a primary cleft lip or palate or revision for complications of previous surgery. Data evaluated included patient demographics, type of operation performed, plaintiff allegation, nature of injury, and litigation outcomes.   A total of 36 cases were identified, with 12 unique cases from 1981 to 2006 meeting the inclusion criteria. Six cases (50%) were decided by a jury and six by settlement. Five cases involved complications related to the specific surgery, and the other seven were associated with any surgery and perioperative care of children and adults. Cleft palate repair (50%) was the most frequently litigated surgery. Postoperative negligent supervision was the most common allegation (42%) and resulted in a payout in each case (mean = $3,126,032). Death (42%) and brain injury (25%) were the most frequent injuries reported. Financial awards were made in nine cases (after adjusting for inflation, mean = $2,470,552, range = $0 to $7,704,585). The awards were significantly larger for brain injury than other outcomes ($4,675,395 versus $1,368,131 after adjusting for inflation, P = .0101).   Malpractice litigation regarding cleft lip and palate surgery is uncommon. However, significant financial awards involving perioperative brain injury have been reported.

Clinical negligence in ophthalmology: fifteen years of national health service litigation authority data.

PubMed

Mathew, Rashmi G; Ferguson, Veronica; Hingorani, Melanie

2013-04-01

To categorize and understand the reasons behind ophthalmic clinical negligence claims in the National Health Service and how such claims can be avoided. Retrospective analyses of all ophthalmic clinical negligence claims between 1995 and 2009 were carried out. Data were obtained from the National Health Service Litigation Authority through the Freedom of Information Act. Claims were classified according to ophthalmic subspecialty, mean payment per subspecialty, severity, paid-to-closed ratio, and cost. One thousand two hundred fifty-three ophthalmology-related claims occurring from 1995 through 2009. Of these, 963 claims were closed over the 15-year period. Eighty-four were excluded because of insufficient case data. Retrospective analysis of all public sector ophthalmology litigation claims over a 15-year period in England. Subspecialty pertaining to claim, mean payment per claim, and severity of outcome of clinical incident. Nine hundred sixty-three claims were closed over a 15-year period, of which 67% resulted in payment. The total cost of claims was £32.1 million ($50.3 million), with a mean payment per claim of £33 300 ($52 300). The specialties with the highest mean payment per claim were neuro-ophthalmology and pediatric ophthalmology. Cataract subspecialty had the highest number of claims, accounting for 34% of all claims. Overall, the number of litigation claims in ophthalmology is low, relative to the high volume of outpatient and surgical workload. Copyright © 2013 American Academy of Ophthalmology. Published by Elsevier Inc. All rights reserved.

The role of public law-based litigation in tobacco companies' strategies in high-income, FCTC ratifying countries, 2004-14.

PubMed

Steele, Sarah L; Gilmore, Anna B; McKee, Martin; Stuckler, David

2016-09-01

Tobacco companies use a host of strategies to undermine public health efforts directed to reduce and eliminate smoking. The success, failure and trends in domestic litigation used by tobacco companies to undermine tobacco control are not well understood, with commentators often assuming disputes are trade related or international in nature. We analyse domestic legal disputes involving tobacco companies and public health actors in high-income countries across the last decade to ascertain the types of action and the success or failure of cases, develop effective responses. WorldLii, a publicly available online law repository, was used to identify domestic court cases involving tobacco companies from 2004 to 2014, while outcome data from LexisNexis and Westlaw databases were used to identify appeals and trace case history. We identified six domestic cases in the UK, Australia and Canada, noting that the tobacco industry won only one of six cases; a win later usurped by legislative reform and a further court case. Nevertheless, we found cases involve significant resource costs for governments, often progressing across multiple jurisdictional levels. We suggest that, in light of our results, while litigation takes up significant time and incurs legal costs for health ministries, policymakers must robustly fend off suggestions that litigation wastes taxpayers' money, pointing to the good prospects of winning such legal battles. © The Author 2015. Published by Oxford University Press on behalf of Faculty of Public Health.

Economics on trial: the use and abuse of economic methods in third party tobacco litigation.

PubMed

Max, Wendy; Tsoukalas, Theo

2006-12-01

To analyse how the tobacco industry responded to economic models and methods used in third party payer tobacco litigation that has occurred since 1994. Identified 12 third party payer cases and reviewed the transcripts using WinMax qualitative software. Focused on defendant's opening and closing statements, followed by trial testimony, depositions, and plaintiff's transcripts. Tobacco industry defendants tried to create doubt and confusion about whether or not smoking caused disease and by extension led to health care costs; argued that the economic models used were not legitimate and were not appropriate for estimating the costs incurred by plaintiffs; and criticised the data sources used because they did not consist of the individuals whose health care costs were being sought. Faced with a new and unprecedented wave of anti-tobacco litigation from third party payers, the tobacco industry tried to adapt strategies that had been used successfully in the past-creation of unfounded doubt and confusion, and manipulation of the discovery process to force plaintiffs to withdraw or concede defeat. The strategies failed because credible economic models of the health care costs of smoking had been developed that were able to quantify the damages to a large group of health care recipients, because plaintiff's attorneys were able to commit significant resources and willing to undertake substantial financial risk to defend their new legal approaches, and because previous arguments related to individual responsibility were deemed irrelevant in third party litigation.

Closed medical negligence claims can drive patient safety and reduce litigation.

PubMed

Pegalis, Steven E; Bal, B Sonny

2012-05-01

Medical liability reform is viewed by many physician groups as a means of reducing medical malpractice litigation and lowering healthcare costs. However, alternative approaches such as closed medical negligence claims data may also achieve these goals. We asked whether information gleaned from closed claims related to medical negligence could promote patient safety and reduce costs related to medical liability. Specifically, we investigated whether physician groups have examined such data to identify error patterns and to then institute specific patient treatment protocols. We searched for medical societies that have systematically examined closed medical negligence claims in their specialty to develop specific standards of physician conduct. We then searched the medical literature for published evidence of the efficacy, if any, related to the patient safety measures thus developed. Anesthesia and obstetric physician societies have successfully targeted costs and related concerns arising from medical malpractice lawsuits by using data from closed claims to develop patient safety and treatment guidelines. In both specialties, after institution of safety measures derived from closed medical negligence claims, the incidence and costs related to medical malpractice decreased and physician satisfaction improved. Tort reform, in the form of legislatively prescribed limits on damages arising from lawsuits, is not the only means of addressing the incidence and costs related to medical malpractice litigation. As the experience of anesthesia and obstetric physicians has demonstrated, safety guidelines derived from analyzing past medical malpractice litigation can achieve the same goals while also promoting patient safety.

Avoid costly litigation: ten steps to implementing lawful hiring practices.

PubMed

Holmes, Judith H

2004-01-01

A malpractice claim or suit can have a devastating effect on a physician's practice and personal life. What is often overlooked is that an employment-related suit or EEOC charge also can extract a heavy toll, personally, professionally, and financially. The number of employment-related suits and claims has risen dramatically in the last few years. According to recent enforcement and litigation statistics released by the U.S. Equal Employment Opportunity Commission (EEOC) (1), the total discrimination charges filed by individuals against their employers increased last year to 80,840--the highest level since the mid-1990's. According to the EEOC data, in 2001, employers paid $248 million in connection with charges of discrimination filed with the EEOC by job applicants, employees, and former employees. Employers paid an additional $47 million to the EEOC in connection with lawsuits filed against employers by the EEOC (2). This does not include the millions of dollars employers were forced to pay in settlements, judgments, costs, and attorney's fees incurred in connection with employment-related lawsuits filed in state and federal courts during the same period of time. Employment-related litigation is on the rise, and the healthcare industry is not immune. Physicians as employers can be a target for a wide range of employment-related claims and suits, such as breach of contract, invasion of privacy, sex, race, age, religious and age discrimination, and negligent hiring, just to name a few. The number of jury verdicts rendered against employers is increasing and the verdict awards are often staggering. In addition, defending these suits can be as expensive as defending a complicated malpractice suit. Even worse, employment discrimination suits and charges are generally not covered by malpractice, D & O, or general liability insurance policies, leaving the physician to cope with the financial burden of judgments, settlements, attorney's fees and litigation costs. Most employment-related disputes that lead to costly litigation would never have arisen if the employer had implemented more effective employment practices. Hiring mistakes in particular cause many costly legal battles. This article identifies legal issues that precipitate litigation and suggests ten steps physicians can take to implement lawful hiring practices that will reduce the risk of costly employment suits while improving office efficiency, morale, and productivity. NOTE: This article is intended as an overview of lawful hiring strategies, and is not a substitute for legal advice from experienced employment counsel. Applicable laws vary from state to state and appropriate procedures may depend on specific factual situations. This article is not, and should not be construed as, legal advice.

Trends in malpractice litigation.

PubMed Central

Holder, A. R.

1980-01-01

Physicians who make mistakes are not necessarily negligent, contrary to prevailing opinion in the medical community. The article discusses the legal concepts of "standard of care" and "proximate cause." The incidence of favorable jury verdicts in those cases in which malpractice suits are litigated is quite high. The effects of insurance company policies in decisions about settlements on the incidence of claims is discussed and alternatives are suggested. The prevailing belief that a consent form with a patient's signature on it is sufficient to prevent a malpractice suit is also discussed. PMID:7445540

Litigation Friends or Foes? Representation of ‘P’ before the Court of Protection

PubMed Central

Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

2016-01-01

This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection (‘P’) which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. PMID:28007807

The broad field of forensic pharmacy.

PubMed

Anderson, Peter D

2012-02-01

Forensic pharmacy is application of the sciences of drugs to legal issues. Forensic pharmacists engage in work relating to litigation, the regulatory process, and the criminal justice system. Forensic pharmacy overlaps with many other forensic fields. Pharmacists hold a variety of positions with local, state, and federal governments. Many pharmacists do freelance work as forensic litigation consultants. A forensic pharmacist can be a valuable resource in legal cases relating to malpractice, adverse drug reactions, drunk and drugged driving, health care fraud, poisoning, and numerous other types of civil and criminal cases.

Meningitis and legal liability: an otolaryngology perspective.

PubMed

Svider, Peter F; Blake, Danielle M; Sahni, Kiren P; Folbe, Adam J; Liu, James K; Baredes, Soly; Eloy, Jean Anderson

2014-01-01

Meningitis is a potential complication in otolaryngologic procedures and conditions. Severe sequelae make understanding factors involved in relevant malpractice litigation critical. We analyze pertinent litigation for awards, outcomes, patient demographic factors, and other alleged causes of malpractice. Pertinent jury verdict and settlement reports were examined using the Westlaw legal database (Thomson Reuters, New York, NY). Twenty-three cases (60.5%) involved non-iatrogenic injuries, including inadequate treatment or failure to diagnose sinusitis or otitis media, while 15 (39.5%) involved iatrogenic cases, mostly rhinologic procedures. 36.8% of cases were resolved for the defendant, 28.9% with juries awarding damages, and 34.2% with settlements. Although not statistically significant, mean damages awarded were higher than settlements ($2.1 vs. 1.5M, p=0.056), and cases involving pediatric patients were more likely to be resolved with payment than those with adult litigants (80.0% vs. 52.2%, p=0.08 respectively). Other frequent alleged factors included permanent deficits (63.2%), requiring additional surgery (41.1%), death (34.2%), cognitive deficits (21.2%), deafness (15.8%), and inadequate informed consent (33.0% of iatrogenic cases). Practitioners facing litigation related to meningitis may wish to consider these findings, notably for cases involving death or permanent functional deficits, as cases with out of court settlements tended to be resolved with lower payments. Cases involving misdiagnosis may be more likely to be resolved with payment compared with iatrogenic cases. By understanding the issues detailed in this analysis and including them in the informed consent process for patients undergoing rhinologic and otologic procedures, otolaryngologists may potentially improve patient safety and decrease liability. © 2014.

Informed Consent as a Litigation Strategy in the Field of Aesthetic Surgery: An Analysis Based on Court Precedents.

PubMed

Park, Bo Young; Kwon, Jungwoo; Kang, So Ra; Hong, Seung Eun

2016-09-01

In an increasing number of lawsuits doctors lose, despite providing preoperative patient education, because of failure to prove informed consent. We analyzed judicial precedents associated with insufficient informed consent to identify judicial factors and trends related to aesthetic surgery medical litigation. We collected data from civil trials between 1995 and 2015 that were related to aesthetic surgery and resulted in findings of insufficient informed consent. Based on these data, we analyzed the lawsuits, including the distribution of surgeries, dissatisfactions, litigation expenses, and relationship to informed consent. Cases were found involving the following types of surgery: facial rejuvenation (38 cases), facial contouring surgery (27 cases), mammoplasty (16 cases), blepharoplasty (29 cases), rhinoplasty (21 cases), body-contouring surgery (15 cases), and breast reconstruction (2 cases). Common reasons for postoperative dissatisfaction were deformities (22%), scars (17%), asymmetry (14%), and infections (6%). Most of the malpractice lawsuits occurred in Seoul (population 10 million people; 54% of total plastic surgeons) and in primary-level local clinics (113 cases, 82.5%). In cases in which only invalid informed consent was recognized, the average amount of consolation money was KRW 9,107,143 (USD 8438). In cases in which both violation of non-malfeasance and invalid informed consent were recognized, the average amount of consolation money was KRW 12,741,857 (USD 11,806), corresponding to 38.6% of the amount of the judgment. Surgeons should pay special attention to obtaining informed consent, because it is a double-edged sword; it has clinical purposes for doctors and patients but may also be a litigation strategy for lawyers.

University Software Ownership and Litigation: A First Examination*

PubMed Central

Rai, Arti K.; Allison, John R.; Sampat, Bhaven N.

2013-01-01

Software patents and university-owned patents represent two of the most controversial intellectual property developments of the last twenty-five years. Despite this reality, and concerns that universities act as “patent trolls” when they assert software patents in litigation against successful commercializers, no scholar has systematically examined the ownership and litigation of university software patents. In this Article, we present the first such examination. Our empirical research reveals that software patents represent a significant and growing proportion of university patent holdings. Additionally, the most important determinant of the number of software patents a university owns is not its research and development (“R&D”) expenditures (whether computer science-related or otherwise) but, rather, its tendency to seek patents in other areas. In other words, universities appear to take a “one size fits all” approach to patenting their inventions. This one size fits all approach is problematic given the empirical evidence that software is likely to follow a different commercialization path than other types of invention. Thus, it is perhaps not surprising that we see a number of lawsuits in which university software patents have been used not for purposes of fostering commercialization, but instead, to extract rents in apparent holdup litigation. The Article concludes by examining whether this trend is likely to continue in the future, particularly given a 2006 Supreme Court decision that appears to diminish the holdup threat by recognizing the possibility of liability rules in patent suits, as well as recent case law that may call into question certain types of software patents. PMID:23750052

Unattractive consequences: litigation from facial dermabrasion and chemical peels.

PubMed

Svider, Peter F; Jiron, Jose; Zuliani, Giancarlo; Shkoukani, Mahdi A; Folbe, Adam J; Carron, Michael

2014-11-01

Facial dermabrasion and chemical peel are common cosmetic procedures that are generally safe yet do possess inherent risks. The patient's expectations, formed well in advance of treatment, strongly correlate with overall satisfaction. The authors reviewed and analyzed litigation related to the performance of facial dermabrasion and chemical peel. The authors searched the WestlawNext legal database for relevant litigation and examined factors such as allegations raised, patient demographics, defendant specialties, final outcomes, and payments. Proceedings from 25 cases were analyzed, involving 22 female and 2 male plaintiffs; in 1 case, sex was not specified. Sixteen cases (64%) resulted in a decision for the defendant and 9 (36%) were resolved with payments. The median difference between out-of-court settlements (median, $940 000) and jury-awarded damages (median, $535 000) was not statistically significant. Factors raised in litigation included poor cosmetic outcome (80%), alleged intratreatment negligence (68%), permanent injury (64%), informed-consent deficits (60%), emotional/psychological injury (44%), posttreatment negligence (32%), and the need for additional treatment/surgery (32%). Out-of-court settlements and jury-awarded damages were considerable in cases where physicians practicing various (or multiple) specialties were named as defendants. These findings emphasize the need for physicians to thoroughly document potential complications prior to treatment, during the informed-consent process. Additionally, general considerations should be taken into account, such as patient expectations and the potential need for other procedures, which may enhance pretreatment communication and ultimately minimize liability. Finally, it is important to stress that physicians may be held liable for procedures performed by nonphysician ancillary staff. © 2014 The American Society for Aesthetic Plastic Surgery, Inc.

A report on 15 years of clinical negligence claims in rhinology.

PubMed

Geyton, Thomas; Odutoye, Tunde; Mathew, Rajeev

2014-01-01

This study was designed to determine the characteristics of medical negligence claims in rhinology. In 2010-2011 the National Health Service (NHS) litigation bill surpassed 1 billion Great British Pounds (GBP; 1.52 billion U.S. dollars [US$]). Systematic analysis of malpractice complaints allows for the identification of errors and can thereby improve patient safety and reduce the burden of litigation claims on health services. Claims relating to ear, nose, and throat between 1995 and 2010 were obtained from the NHS Litigation Authority and were analyzed. The series contains 65 closed claims that resulted in payment totaling 3.1 million GBP (US$4.7 million). Fifty claims were related to surgical complications. Functional endoscopic sinus surgery and septoplasty were the procedures most commonly associated with successful claims. There were 11 cases of orbital injury including 6 cases of visual loss and 5 cases of diplopia. The most common cause of a claim was failure to recognize the complication or manage it appropriately. Lack of informed consent was claimed in eight cases. Other claims arose because of errors in outpatient procedures (two), diagnosis (six), delayed surgery (one), and errors in medical management (three). This is the first study to report the outcomes of negligence claims in rhinology in the United Kingdom. Claims in rhinology are associated with a high success rate. Steps that can be taken to reduce litigation include careful patient workup and ensuring adequate informed consent. Where there is a suspicion of orbital damage early recognition and intervention is needed to reduce long-term injury to the patient.

Influencing factors leading to malpractice litigation in radical prostatectomy.

PubMed

Colaco, Marc; Sandberg, Jason; Badlani, Gopal

2014-06-01

The litigious nature of the medical-legal environment is a major concern for American physicians with an estimated cost of $10 billion. In this study we identify the causes of litigation in cases of radical prostatectomy as well as the factors that contribute to verdicts or settlements resulting in indemnity payments. Publicly available verdict reports were recorded using the Westlaw® legal database. To identify pertinent cases we used the search terms "medical malpractice" and "prostate" or "prostatectomy" with dates ranging from 2000 to 2013. Cases were evaluated for alleged cause of malpractice, resulting injury, findings and indemnity payment (if any). The database search yielded 222 cases, with 25 being relevant to radical prostatectomy. Of these cases 24.0% were settled out of court and the remaining 76.0% went to trial. Of those cases that went to trial 20.8% saw patients awarded damages. There was no significant difference in awards between verdict and settlement. Overall 36.0% of patients claimed that they did not receive proper informed consent and 16.0% claimed that the surgery was not the proper standard of care. Thirteen of the cases claimed negligence in the performance of the surgery with the bulk of these claims being the result of rectal perforation. The main issues that arise in radical prostatectomy malpractice litigation are those of informed consent and clinical performance. Comprehensive preoperative counseling, when combined with proper surgical technique, may minimize the impact of litigation. Copyright © 2014 American Urological Association Education and Research, Inc. Published by Elsevier Inc. All rights reserved.

Fat and the law: who should take the blame?

PubMed

Bagaric, Mirko; Erbacher, Sharon

2005-02-01

The incidence of obesity in both adults and children is rising at a rapid rate in most developed countries, including in Australia. Some obese people are seeking to place the blame for their condition on the fast-food industry, as demonstrated by the recent litigation in the United States brought by two obese plaintiffs against McDonald's. This litigation was unsuccessful, and on existing Australian negligence principles any similar litigation commenced here is likely to suffer the same fate. Principles of personal responsibility, autonomy and free will should prevail to deny a negligence claim. The risk of obesity and concomitant health problems from eating fast food to excess is an obvious risk which the plaintiff should not have ignored and which he or she has voluntarily assumed. It is for the Australian Government, not the courts, to regulate the behaviour of the fast-food industry. The government should take action by requiring all major fast-food chains to label their products with nutritional information, and by imposing restrictions on the advertising of food to children.

Defenses to malpractice: what every emergency physician should know.

PubMed

Hudson, Michael Jason; Moore, Gregory P

2011-12-01

Emergency medicine is a high-risk specialty that carries a constant risk of malpractice litigation. Fear of malpractice litigation can lead to less-than-optimal patient care as well as impairments in physician quality of life. Although malpractice fear can be ubiquitous among emergency physicians, most receive little to no education on malpractice. Medical malpractice requires that 1) The physician had a duty, 2) The physician breached the duty, 3) There was harm to the patient, and 4) The harm was caused by the physician's breach of duty. Even if all four medical malpractice conditions are met, there are still special legal defenses that have been and can be used in court to exonerate the physician. These defenses include assumption of the risk, Good Samaritan, contributory negligence, comparative fault, sudden emergency, respectable minority, two schools of thought, and clinical innovation. These legal defenses are illustrated and explained using defining precedent cases as well as hypothetical examples that are directly applicable to emergency medical practice. Knowledge of these special legal defenses can help emergency physicians minimize their risk of litigation when caring for patients. Published by Elsevier Inc.

Litigation Friends or Foes? Representation of 'P' before the Court of Protection.

PubMed

Ruck Keene, Alexander; Bartlett, Peter; Allen, Neil

2016-01-01

This article argues that, properly analysed, the common law and the European Convention on Human Rights (ECHR) march hand in hand with the provisions of the Mental Capacity Act 2005 (MCA 2005) so as to impose a set of requirements on litigation friends acting for the subject of applications of proceedings before the Court of Protection ('P') which are very different to those currently understood by practitioners and the judiciary. The authors examine critically current practice and procedures and provide a set of proposals for reforms. © The Author 2016. Published by Oxford University Press.

Endodontics and litigation: an American perspective.

PubMed

Cohen, S C

1989-03-01

Dentists can reduce the risk of legal entanglements following endodontic treatment. Dentists should not fail to meet the standard of care required at one or more of the several stages in endodontic treatment: at diagnosis, in record keeping, by accidentally treating the wrong tooth, by not using rubber dam, by breaking endodontic instruments in the root canal, by using inappropriate endodontic implants, by creating root perforations, by failing to give adequate instructions for home care and by not providing emergency care. Recognition of problems likely to rise to litigation and the methods to be used in their avoidance are emphasized.

The impact of the WHO Framework Convention on Tobacco Control in defending legal challenges to tobacco control measures.

PubMed

Zhou, Suzanne Y; Liberman, Jonathan D; Ricafort, Evita

2018-06-02

Since the WHO Framework Convention on Tobacco Control's (FCTC) entry into force, the tobacco industry has initiated litigation challenging tobacco control measures implemented by governments around the world, or supported others to initiate such litigation on its behalf. In defending their tobacco control measures against such litigation, governments have invoked their obligations and rights under the WHO FCTC. We assess the extent to which the WHO FCTC has provided legal weight to governments' defences against legal challenge. We reviewed 96 court decisions concerning legal challenges to tobacco control measures, determining whether or not they cited the WHO FCTC and their outcomes. We then reviewed the cases where the WHO FCTC was cited, analysing how the WHO FCTC contributed to the resolution of the case. The WHO FCTC was cited in 45 decisions. Decisions both citing and not citing the WHO FCTC were largely decided in favour of governments, with 80% of WHO-FCTC-citing and 67% of non-WHO-FCTC-citing cases upholding the measure in its entirety and on every ground of challenge. In cases where it was cited, the WHO FCTC contributed to the resolution of the case in favour of governments by providing a legal basis for measures, demonstrating the measure's public health purpose, demonstrating the evidence in favour of a measure, demonstrating international consensus, demonstrating that a measure promotes or protects health-related human rights and demonstrating whether or not a measure is reasonable, proportionate or justifiable. The way the WHO FCTC has been cited in court decisions suggests that it has made a substantial contribution to courts' reasoning in tobacco control legal challenges and has strengthened government's arguments in defending litigation. © World Health Organization 2018. Licensee BMJ Publishing Group Limited.

Five ways to keep disputes out of court.

PubMed

Allison, J R

1990-01-01

Even if you win, a lawsuit can be a disaster. Attorney fees eat up $20 billion a year in the United States alone, and that doesn't count the cost of diverting key personnel from productive work or of damaging profitable business relationships. But more and more managers are discovering that litigation can be avoided with inventive use of alternative dispute resolution, or ADR. All forms of ADR are designed to do two things: save time and money and soften the sharp edges of the adversarial system. In the majority of cases, disputants settle their differences quickly and to the satisfaction of both parties. In the best of cases, opponents resolve their disputes cooperatively and forge new ties. Arbitration, the oldest and most adversarial form of ADR, is now a compulsory prerequisite to litigation in about 20 states. Mediation, perhaps the most versatile and the least coercive, depends greatly on the skill and personality of the mediator. Other methods include the rent-a-judge program, summary jury trial, and minitrial, all of which simulate real litigation to one degree or another but with greater speed, more privacy, and less expense. (The last two have settled several bitter disputes in weeks-after years of litigation.) Variations and hybrids of ADR methods are limitless. In picking the ADR method best suited to your circumstances, factors to consider include: the extent to which both disputants are committed to ADR, the closeness of the business relationship between the two parties, the need for privacy, the urgency of reaching a settlement, the absolute and relative financial health of both parties, the importance of the principles involved, the complexity of the case, the size of the stakes, and the ability and willingness of company executives to get involved.

Analysis of medical litigation among patients with medical disputes in cosmetic surgery in Taiwan.

PubMed

Lyu, Shu-Yu; Liao, Chuh-Kai; Chang, Kao-Ping; Tsai, Shang-Ta; Lee, Ming-Been; Tsai, Feng-Chou

2011-10-01

This study aimed to investigate the key factors in medical disputes (arguments) among female patients after cosmetic surgery in Taiwan and to explore the correlates of medical litigation. A total of 6,888 patients (3,210 patients from two hospitals and 3,678 patients from two clinics) received cosmetic surgery from January 2001 to December 2009. The inclusion criteria specified female patients with a medical dispute. Chi-square testing and multiple logistic regression analysis were used to analyze the data. Of the 43 patients who had a medical dispute (hospitals, 0.53%; clinics, 0.73%), 9 plaintiffs eventually filed suit against their plastic surgeons. Such an outcome exhibited a decreasing annual trend. The hospitals and clinics did not differ significantly in terms of patient profiles. The Chi-square test showed that most patients with a medical dispute (p < 0.05) were older than 30 years, were divorced or married, had received operations under general anesthesia, had no economic stress, had a history of medical litigation, and eventually did not sue the surgeons. The test results also showed that the surgeon's seniority and experience significantly influenced the possibility of medical dispute and nonlitigation. Multiple logistical regression analysis further showed that the patients who did decide to enter into litigation had two main related factors: marital stress (odds ratio [OR], 10.67; 95% confidence interval [CI], 1.20-94.73) and an education level below junior college (OR, 9.33; 95% CI, 1.01-86.36). The study findings suggest that the key characteristics of patients and surgeons should be taken into consideration not only in the search for ways to enhance pre- and postoperative communication but also as useful information for expert testimony in the inquisitorial law system.

Neonatal hypoglycaemia: learning from claims

PubMed Central

Hawdon, Jane M; Beer, Jeanette; Sharp, Deborah; Upton, Michele

2017-01-01

Objectives Neonatal hypoglycaemia is a potential cause of neonatal morbidity, and on rare but tragic occasions causes long-term neurodevelopmental harm with consequent emotional and practical costs for the family. The organisational cost to the NHS includes the cost of successful litigation claims. The purpose of the review was to identify themes that could alert clinicians to common pitfalls and thus improve patient safety. Design The NHS Litigation Authority (NHS LA) Claims Management System was reviewed to identify and review 30 claims for injury secondary to neonatal hypoglycaemia, which were notified to the NHS LA between 2002 and 2011. Setting NHS LA. Patients Anonymised documentation relating to 30 neonates for whom claims were made relating to neonatal hypoglycaemia. Dates of birth were between 1995 and 2010. Interventions Review of documentation held on the NHS LA database. Main outcome measures Identifiable risk factors for hypoglycaemia, presenting clinical signs, possible deficits in care, financial costs of litigation. Results All claims related to babies of at least 36 weeks’ gestation. The most common risk factor for hypoglycaemia was low birth weight or borderline low birth weight, and the most common reported presenting sign was abnormal feeding behaviour. A number of likely deficits in care were reported, all of which were avoidable. In this 10-year reporting period, there were 25 claims for which damages were paid, with a total financial cost of claims to the NHS of £162 166 677. Conclusions Acknowledging that these are likely to be the most rare but most seriously affected cases, the clinical themes arising from these cases should be used for further development of training and guidance to reduce harm and redivert NHS funds from litigation to direct care. PMID:27553590

Claims, liabilities, injures and compensation payments of medical malpractice litigation cases in China from 1998 to 2011.

PubMed

Li, Heng; Wu, Xiangcheng; Sun, Tao; Li, Li; Zhao, Xiaowen; Liu, Xinyan; Gao, Lei; Sun, Quansheng; Zhang, Zhong; Fan, Lihua

2014-09-13

Although China experienced great improvement in their health system, disputes between patients and doctors have increasingly intensified, reaching an unprecedented level. Retrospective analysis of medical malpractice litigation can discover the characteristics and fundamental cause of these disagreements. We analyzed medical malpractice litigation data from 1998 to 2011 for characteristics of claims via a litigation database within a nationwide database of cases (1086 cases) in China, including claims, liabilities, injures, and compensation payments. Among the cases analyzed, 76 percent of claims received compensation in civil judgment (640 out of 841), while 93 percent were fault liability in paid judgment (597 out of 640). The average time span between the occurrence of the injury dispute and closure of claims was 3 years. Twenty-two percent of claims (183 of 841) were caused by injury, poisoning, and other external causes. Seventy-nine percent of claims (472 of 597) were contributed to by errors in medical technology. The median damage compensation payment for death was significantly lower than for serious injuries (P < 0.001; death, $13270 [IQR, $7617-$23181]; serious injury, $23721 [IQR, $10367-$57058]). Finally, there was no statistically significant difference in the median mental compensation between minor injury, serious injury, and death (P = 0.836). The social reasons for the conflict and high payment were catastrophic out-of-pocket health-care expense in addition to the high expectations for treatment in China. There were no distinguishing features between China and other countries with respect to time of suits, facilities, and specialties in these claims. The compensation for damages in different medical injuries was unfair in China.

A look inside the courtroom: an analysis of 292 cosmetic breast surgery medical malpractice cases.

PubMed

Paik, Angie M; Mady, Leila J; Sood, Aditya; Eloy, Jean Anderson; Lee, Edward S

2014-01-01

Malpractice claims affect the cost and quality of health care. The authors examine litigation in cosmetic breast surgery and identify factors influencing malpractice litigation outcomes. The Westlaw database was searched for jury verdict and settlement reports related to medical malpractice and cosmetic breast surgeries. Cases included for analysis were examined for year, geographic location, patient demographics, procedure performed, alleged injury, causes of action, verdict, and indemnity payments. Of 292 cases, the most common injury sustained was disfigurement (53.1%). Negligent misrepresentation had a 98% greater chance of resolution in favor of the plaintiff (relative risk [RR], 1.98; 95% confidence interval [CI], 1.41-2.79), and fraud had a 92% greater chance of disposition in favor of the plaintiff (RR, 1.92; 95% CI, 1.32-2.80). The most common causes of action cited were negligence (88.7%) and lack of informed consent (43.8%). One hundred sixty-nine (58.3%) cases resulted in favor of the defendant and 121 (41.7%) cases were disposed in favor of the plaintiff; 97 (33.4%) cases resulted in damages awarded and 24 (8.3%) cases resulted in settlement. No significant difference was found between the medians of indemnity payments awarded to plaintiffs ($245 000) and settlements ($300 000). Based on this study, negligent or intentional misrepresentation strongly favors plaintiffs in either awarded damages or settlements in cases of cosmetic breast surgery litigation. This study emphasizes that transparency and adequate communication are at the crux of the physician-patient relationship and are tools by which plastic surgeons may reduce the frequency of litigations, thereby containing health care costs at a minimum.

Documentary Evidence and the Construction of Narratives in Legal and Historical Contexts.

PubMed

Jones, Gwynneth C D

2015-02-01

Based on her experiences as an expert witness in Canadian litigation related to Aboriginal peoples, the author shares some personal reflections on the use of the written record as "evidence" in a legal context. As end users in a litigation context will be constructing their own narratives, a historian can add value in the courtroom by sharing skills in analyzing and providing context for written materials as well as providing a narrative based on their content. This process of simultaneously constructing and deconstructing a narrative can support the legitimacy of multiple narratives and provide space for evidence of other types, particularly oral evidence.

Medico-legal issues in cardiology.

PubMed

Abbott, Ryan; Cohen, Michael

2013-01-01

The aim of this article is to educate physicians about the current litigation climate in cardiology and cardiac surgery, with a focus on the most frequently litigated areas of practice, including failure to diagnose and treat myocardial infarction, coronary artery bypass graft surgery, percutaneous coronary intervention, and the use of tissue plasminogen activator. Empirical research on cardiology malpractice is presented, along with a sampling of up-to-date cases designed to illustrate common issues and important themes. The principles for reducing legal liability are also discussed, including the informed consent process, spoliation of records, and the role of documentation. Finally, practical recommendations are provided for cardiologists and cardiac surgeons to limit their legal liability.

Deeper Into Divorce: Using Actor–Partner Analyses to Explore Systemic Differences in Coparenting Conflict Following Custody Dispute Resolution

PubMed Central

Sbarra, David A.; Emery, Robert E.

2010-01-01

Divorce is an inherently interpersonal experience, yet too often adults’ reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution. PMID:18266541

Cognitive performance after mild traumatic brain injury: the impact of poor effort on test results and its relation to distress, personality and litigation.

PubMed

Stulemeijer, Maja; Andriessen, Teuntje M J C; Brauer, Jolanda M P; Vos, Pieter E; Van Der Werf, Sieberen

2007-03-01

To compare consecutive Mild Traumatic Brain Injury (MTBI) patients with and without adequate effort on cognitive performance, litigation status, fatigue, distress and personality. (Neuro)psychological assessment was done 6 months post-injury in 110 patients from a cohort of 618 consecutive MTBI patients aged 18-60, who attended the emergency department of our level I trauma centre. Effort was tested with the Amsterdam Short Term Memory test. Thirty patients (27%) failed the effort test. Poor effort was associated with significantly poorer scores on seven out of eleven measures, covering all tested domains. Poor effort was associated with lower educational level and changes in work status, but not litigation. Furthermore, poor effort was related to high levels of distress, Type-D personality and fatigue. Even in a sample of non-referred MTBI patients, poor effort was common and was strongly associated with inferior test performance. These findings imply that effort testing should be part of all cognitive assessments, also outside mediolegal settings. Behavioural factors like distress and personality should be considered as potential threats to the validity of neuropsychological testing after MTBI.

Clinical Errors and Medical Negligence

PubMed Central

Oyebode, Femi

2013-01-01

This paper discusses the definition, nature and origins of clinical errors including their prevention. The relationship between clinical errors and medical negligence is examined as are the characteristics of litigants and events that are the source of litigation. The pattern of malpractice claims in different specialties and settings is examined. Among hospitalized patients worldwide, 3–16s% suffer injury as a result of medical intervention, the most common being the adverse effects of drugs. The frequency of adverse drug effects appears superficially to be higher in intensive care units and emergency departments but once rates have been corrected for volume of patients, comorbidity of conditions and number of drugs prescribed, the difference is not significant. It is concluded that probably no more than 1 in 7 adverse events in medicine result in a malpractice claim and the factors that predict that a patient will resort to litigation include a prior poor relationship with the clinician and the feeling that the patient is not being kept informed. Methods for preventing clinical errors are still in their infancy. The most promising include new technologies such as electronic prescribing systems, diagnostic and clinical decision-making aids and error-resistant systems. PMID:23343656

Clinical errors and medical negligence.

PubMed

Oyebode, Femi

2013-01-01

This paper discusses the definition, nature and origins of clinical errors including their prevention. The relationship between clinical errors and medical negligence is examined as are the characteristics of litigants and events that are the source of litigation. The pattern of malpractice claims in different specialties and settings is examined. Among hospitalized patients worldwide, 3-16% suffer injury as a result of medical intervention, the most common being the adverse effects of drugs. The frequency of adverse drug effects appears superficially to be higher in intensive care units and emergency departments but once rates have been corrected for volume of patients, comorbidity of conditions and number of drugs prescribed, the difference is not significant. It is concluded that probably no more than 1 in 7 adverse events in medicine result in a malpractice claim and the factors that predict that a patient will resort to litigation include a prior poor relationship with the clinician and the feeling that the patient is not being kept informed. Methods for preventing clinical errors are still in their infancy. The most promising include new technologies such as electronic prescribing systems, diagnostic and clinical decision-making aids and error-resistant systems. Copyright © 2013 S. Karger AG, Basel.

Negligence claims following non-union and malunion of long bone fractures: An analysis of 15 years of data.

PubMed

Metcalfe, C W; Harrison, W D; Nayagam, S; Narayan, B

2016-10-01

Non-unions and malunions are recognised to be complications of the treatment of long bone fractures. No previous work has looked at the implications of these complications from a medicolegal perspective. A complete database of litigation claims in Trauma and Orthopaedic Surgery was obtained from the NHS Litigation Authority. Two separate modalities of the treatment of long bone fractures were examined i) non-union and ii) acquired deformity. The type of complaint, whether defended or not, and costs were analysed. There were claims of which 97 related to non-union and 32 related to postoperative limb deformity. The total cost was £8.2 million over a 15-year period in England and Wales. Femoral and tibial non-unions were more expensive particularly if they resulted in amputation. Rotational deformity cost nearly twice as much as angulation deformities. The cosmetic appearances of rotational malalignment and amputation results in higher compensation; this reinforces an outward perception of outcome as being more important than harmful effects. Notwithstanding the limitations of this database, there are clinical lessons to be gained from these litigation claims. Crown Copyright © 2016. Published by Elsevier Ltd. All rights reserved.

Surgical malpractice in California: res judicata.

PubMed

Barthel, Erik R; Stabile, Bruce E; Plurad, David; Kim, Dennis; Neville, Angela; Bricker, Scott; Putnam, Brant; Bongard, Fred

2014-10-01

Medical negligence claims are of increasing concern to surgeons. Although noneconomic damage awards in California are limited by the Medical Injury Compensation Reform Act (MICRA) law to $250,000, the total amount of such settlements can increase significantly based on claims for economic damages. We reviewed negligence litigation involving California surgeons to determine outcomes and monetary awards through retrospective review of surgical malpractice cases published in a legal journal. This review was limited to actions involving general surgeons. Such litigation was voluntarily reported by either defense's or plaintiff's counsel at the conclusion of the litigation. Data reviewed included alleged damages incurred by the plaintiff; plaintiff's pretrial settlement demand, plaintiff or defense verdict, use of alternate means of resolution such as arbitration or mediation, and total monetary award to the plaintiff. A total of 69 cases were reported over a 20-month period: 32 (46%) were plaintiffs' verdicts, whereas 37 (54%) were in favor of the surgeon. Only 10 (31%) of the plaintiff verdicts were by jury trial, whereas the rest were settled by pretrial agreement, mediation, or arbitration. Of cases settled by alternate dispute resolution, the median settlement was $820,000 (n = 22) compared with a median jury trial award of $300,000 (n = 10).

The evaluation of sexual harassment litigants: reducing discrepancies in the diagnosis of posttraumatic stress disorder.

PubMed

Lawson, Angela K; Wright, Caroline Vaile; Fitzgerald, Louise F

2013-10-01

Relatively few targets of sexual harassment cope with the psychological sequelae of their experiences by engaging in litigation. Those who do are often subjected to forensic examination to evaluate their history of psychological distress or disorder and to determine whether such a condition could be reasonably attributed to the alleged harassment, as opposed to some other cause. An unbiased approach to such examinations is critical to all parties, as well as to the profession itself. This study investigates the relationship between the clinical and restructured clinical scales of the Minnesota Multiphasic Personality Inventory-2, the Trauma Symptom Inventory subscales, the Crime-Related Posttraumatic Stress Disorder (CR-PTSD) scale, and an American Psychiatric Association diagnosis (APA, Diagnostic and statistical manual of mental disorders; DSM-IV-TR; 4th ed., text rev., 2000, Washington, DC, Author) of PTSD in a sample of sexual harassment plaintiffs. All measures performed well independently, but together provided improved predictive accuracy, suggesting that the use of multiple validated measures as well as structured diagnostic interviews may help us better understand litigants' experiences and reduce bias in evaluations. PsycINFO Database Record (c) 2013 APA, all rights reserved

Major common bile duct injury and risk of litigation: a surgeon's perspective.

PubMed

Berney, Christophe R

2012-11-01

Risk for a lawsuit for medical malpractice has unfortunately become part of physicians' daily professional activities, with a blowout in indemnity insurance premiums, especially in high-risk medical specialties. Common bile duct injury following laparoscopic cholecystectomy is a well-recognized and feared complication for surgeons because of its associated morbidity, and it also ranks among the leading sources of medical malpractice claims against surgeons in the world. The purpose of this article is to raise awareness within the medical community and in particular among specialist surgeons on the important threat they could be facing in terms of litigation in the event of an adverse surgical outcome following such a commonly performed procedure. There is a real need for open debate on this concerning topic, as the fear of lawsuits and exorbitant malpractice premiums are pushing a substantial number of medical professionals to practice defensive medicine, reflected by the avoidance of performing certain procedures or treating high-risk patients perceived to have higher litigation rates, or simply walking away from their current practices, creating a chronic shortage of specialized doctors in certain surgical areas. Copyright © 2012 Elsevier Inc. All rights reserved.

Avoiding legal pitfalls in surrogacy arrangements.

PubMed

James, Summer; Chilvers, Rebecca; Havemann, Dara; Phelps, John Y

2010-12-01

The goal of this article is to discuss the legal pitfalls that reproductive endocrinologists face when participating in gestational surrogacy contracts. This paper was composed using Westlaw and LexisNexis commercial legal search engines to perform a review of statutes and cases pertaining to gestational surrogacy. The search results demonstrated that in the absence of suitable preparation, there is significant potential for litigation while participating in gestational agreements. Providers caring for gestational carriers have been named as parties in lawsuits for failure to provide psychological screening, failure to screen for infectious disease and participation in gestational contracts that are not compliant with state law. There is great disparity in state laws and court rulings pertaining to gestational agreements. When legal disputes arise, individual state laws and court rulings are controlling over the Uniform Parentage Act. Likewise, recommendations by the American College of Obstetricians and Gynecologists and the American Society for Reproductive Medicine do not supersede state laws. The failure to abide by individual state laws unnecessarily exposes reproductive endocrinologists and their IVF facilities to potential litigation. In order to lessen exposure to litigation, an understanding of individual state legislation or historical court rulings is advised. Copyright © 2010 Reproductive Healthcare Ltd. Published by Elsevier Ltd. All rights reserved.

Judicialization 2.0: Understanding right-to-health litigation in real time.

PubMed

Biehl, João; Socal, Mariana P; Gauri, Varun; Diniz, Debora; Medeiros, Marcelo; Rondon, Gabriela; Amon, Joseph J

2018-05-21

Over the past two decades, debate over the whys, the hows, and the effects of the ever-expanding phenomenon of right-to-health litigation ('judicialization') throughout Latin America have been marked by polarised arguments and limited information. In contrast to claims of judicialization as a positive or negative trend, less attention has been paid to ways to better understand the phenomenon in real time. In this article, we propose a new approach-Judicialization 2.0-that recognises judicialization as an integral part of democratic life. This approach seeks to expand access to information about litigation on access to medicines (and health care generally) in order to better characterise the complexity of the phenomenon and thus inform new research and more robust public discussions. Drawing from our multi-disciplinary perspectives and field experiences in highly judicialized contexts, we thus describe a new multi-source, multi-stakeholder mixed-method approach designed to capture the patterns and heterogeneity of judicialization and understand its medical and socio-political impact in real time, along with its counterfactuals. By facilitating greater data availability and open access, we can drive advancements towards transparent and participatory priority setting, as well as accountability mechanisms that promote quality universal health coverage.

Medical malpractice tort reform.

PubMed

Ottenwess, David M; Lamberti, Meagan A; Ottenwess, Stephanie P; Dresevic, Adrienne D

2011-01-01

A tort is generally defined as a civil wrong which causes an injury, for which a victim may seek damages, typically in the form of money damages, against the alleged wrongdoer. An overview of the tort system is detailed, specifically in the context of a medical malpractice lawsuit, in order to provide a better understanding of the practical evolution of medical malpractice litigation and its proposed reforms. Rising premiums and defensive medicine are also discussed as part of the tort reform dialogue. Because medical malpractice litigation will never disappear entirely, implementing sound risk management and compliance programs are critical to every radiology department in order to improve the safety and quality of the care that its radiologists and technologists provide.

Litigation and complaints procedures: objectives, effectiveness and alternatives.

PubMed Central

Whelan, C J

1988-01-01

Recent debates about redress mechanisms for medical accident victims have been sidetracked by fears of an American-style medical malpractice crisis. What is required is a framework within which the debate can resume. This paper proposes such a framework by focusing on the compensation and deterrence objectives and placing them in the wider context of the social costs of providing medical services. The framework is then used to assess and compare the effectiveness of differing approaches. In particular, the American and British experiences of litigation, including the concept of 'defensive medicine', are evaluated. Also discussed briefly are alternatives to court-based complaints procedures including 'no-fault' schemes, professional ethics and internal complaints mechanisms. PMID:3392721

Liability and Litigation Risks for Colleges and Schools of Pharmacy

PubMed Central

Van Dusen, Virgil

2011-01-01

The potential for legal liability involving faculty members and students in higher education settings is a topic that warrants serious attention by administrators. Specific areas identified as high risk include dismissal of a faculty member, denial of tenure, misappropriation of grant-funding, intellectual property conflicts, Family and Medical Leave Act (FMLA) issues, sexual harassment, student suspension, disabilities, and student privacy issues. Examples of litigation in the higher-education setting are presented, along with a list of online resources for additional information. It is important for higher education administrators, faculty members, staff members, and students to recognize the currently accepted legal rights and responsibilities associated with these high-risk areas. PMID:21655406

Digital radiography and electronic data storage from the perspective of legal requirements for record keeping.

PubMed

Figgener, L; Runte, C

2003-12-01

In some countries physicians and dentists are required by law to keep medical and dental records. These records not only serve as personal notes and memory aids but have to be in accordance with the necessary standard of care and may be used as evidence in litigation. Inadequate, incomplete or even missing records can lead to reversal of the burden of proof, resulting in a dramatically reduced chance of successful defence in litigation. The introduction of digital radiography and electronic data storage presents a new problem with respect to legal evidence, since digital data can easily be manipulated and industry is now required to provide adequate measures to prevent manipulations and forgery.

Medico-legal significance of service difficulties and clinical errors in the management of patients with inflammatory bowel diseases.

PubMed

Farrukh, Affifa; Mayberry, John F

2015-03-01

There is a significant growth in medical litigation, and cases involving the care and management of patients with inflammatory bowel disease are becoming common. There is no central register of such cases, and the majority are settled before court proceedings. As a result, there is no specific case law related to such conditions, and secrecy usually surrounds the outcome with "no admission of guilt" by the defendant and a clause about non-disclosure and discussion linked to the financial compensation received by the claimant. This review discusses common areas of potential litigation. © The Author(s) 2014 Reprints and permissions: sagepub.co.uk/journalsPermissions.nav.

The penumbra of thalidomide, the litigation culture and the licensing of pharmaceuticals

PubMed Central

2012-01-01

Fifty years ago several thousand children were born with severe limb defects after their mothers had been given thalidomide in pregnancy. This tragedy caused procedures for licensing new medicines to become much stricter. Where, nevertheless, significant side effects were found it became common to sue for damages. These consequences have caused possibly an even greater disaster damaging many more people and threatening ruin to health services everywhere. The huge increase in both time and cost in bringing medicines to market is increasing their price to unsupportable levels; and only wealthy companies are now able to do so. This requires reform as does litigation for ‘statistical’ harmful effects. PMID:22908318

Impact of the National Practitioner Data Bank on resolution of malpractice claims.

PubMed

Waters, Teresa M; Studdert, David M; Brennan, Troyen A; Thomas, Eric J; Almagor, Orit; Mancewicz, Martha; Budetti, Peter P

2003-01-01

Policymakers and commentators are concerned that the National Practitioner Data Bank (NPDB) has influenced malpractice litigation dynamics. This study examines whether the introduction of the NPDB changed the outcomes, process, and equity of malpractice litigation. Using pre- and post-NPDB analyses, we examine rates of unpaid claims, trials, resolution time, physician defense costs, and payments on claims with a low/high probability of negligence. We find that physicians and their insurers have been less likely to settle claims since introduction of the NPDB, especially for payments less than dollars 50,000. Because this disruption appears to have decreased the proportion of questionable claims receiving compensation, the NPDB actually may have increased overall tort system specificity.

Conservative litigation against sexual and reproductive health policies in Argentina.

PubMed

Peñas Defago, María Angélica; Morán Faúndes, José Manuel

2014-11-01

In Argentina, campaigns for the recognition of sexual and reproductive rights have sparked opposition through litigation in which the dynamics of legal action have come from self-proclaimed "pro-life" NGOs, particularly since 1998, when the conservative NGO Portal de Belén successfully achieved the banning of emergency contraception through the courts. The activities of these groups, acting as a "civil arm" of religion, are focused primarily on obstructing access to legally permissible abortions and bringing about the withdrawal of a number of recognized public policies on sexual and reproductive health, particularly the 2002 National Programme for Sexual Health and Responsible Procreation. This paper analyzes the litigation strategies of these conservative NGOs and how their use of the courts in Argentina has changed over the years. It gives examples of efforts in local courts to block individual young women from accessing legal abortion following rape, despite a ruling by the National Supreme Court of Justice in 2012 that no judicial permission is required. In spite of major advances, the renewed influence of the Catholic hierarchy in the Argentine political scene with the accession of the new Pope poses challenges to the work by feminists and women's movements to extend and consolidate sexual and reproductive rights. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

'Lumping it': the hidden denominator of the medical malpractice crisis.

PubMed

Meyers, A R

1987-12-01

In a recent article, Miller has reminded us that medical malpractice litigation is not simply an economic problem which inhibits medical practice and increases health care costs. She argues that it has three broader "societal objectives": reparation, emotional vindication, and deterrence. Viewed in the broader perspective of social values, the Maine data suggest that our current approach to medical malpractice does not perform well. Significant numbers of respondents believe that they have been neither vindicated nor compensated for their own or their relatives' illness, injury, or death; and that they have not had the opportunity to protect others from harm. As Miller suggests in her review of British alternatives to medical malpractice litigation, there may be more efficient and effective means of reparation. There may also be more direct and less costly means to deter incompetent practitioners and vindicate those who are harmed. We shall never discover these alternatives if we view the medical malpractice "crisis" as a simple or straightforward problem of costs of premiums, costs of settlements, and costs of judgments; numerators. Medical malpractice litigation is the expression of deep and highly complicated problems, which cannot be solved or even significantly alleviated by false solutions motivated only by concerns of costs and cost containment. They can be addressed only by careful, thoughtful, and comprehensive analysis.

The legal and economic forces that will shape the international market for cybersurgery.

PubMed

McLean, Thomas R

2006-12-01

Despite the common use of medical devices most health care providers have little understanding how a device alters medical malpractice litigation. Such knowledge will be increasingly valuable as cybersurgery (i.e. remote robotic surgery) becomes routine. Review of the laws governing products and telecommunication liability. Litigation after cybersurgery will be complex. In addition to being able to sue physicians and hospitals, patients who sustain an adverse outcome after cybersurgery will have the potential to sue the robotic manufacturer and telecommunication company. Robotics manufacturers can obtain virtual immunity from liability if they elected to place their devices on the market after obtaining [see text]360 per-market approval from the FDA. However, because [see text]360 pre-market approval is expensive and time consuming most medical devices on the market (including the robotic surgical instruments) do not have immunity to products liability. Consequently, after an adverse cybersurgical outcome a manufacturer of a robotic surgical instrument faces liability for failure to warn, design defects, and failure to properly manufacture. As for telecommunication providers, existing law provides them with immunity from liability. Litigation following cybersurgery will involve multiple defendants who are likely to use "finger pointing" defenses. Accordingly, there will be liability traps associated with providing cybersurgery. Copyright 2006 John Wiley & Sons, Ltd.

Gene patents still alive and kicking: their impact on provision of genetic testing for long QT syndrome in the Canadian public health-care system

PubMed Central

Ali-Khan, Sarah E; Gold, E Richard

2017-01-01

Purpose Although the Supreme Court of the United States limited their availability in Association for Molecular Pathology v. Myriad Genetics, gene patents remain important around the world. We examine the situation in Canada, where gene patents continue to exist, in light of recent litigation relating to familial long QT syndrome (LQTS). Methods We conducted in-depth semistructured interviews with 25 stakeholders across five Canadian provinces and supplemented this with a case analysis of the litigation. Results The majority of LQTS testing was carried out outside Canada. Rising costs prompted several provinces to attempt to repatriate testing. However, LQTS gene patents stymied efforts, particularly in provinces where testing was more centralized, increasing costs and lowering innovation. It was in this context that a hospital launched a test case against the LQTS patents, resulting in a novel agreement to free Canadian hospitals from the effects of patents. Conclusion Our analysis reveals a rapidly evolving genetic test provision landscape under pressure from gene patents, strained budgets and poor collaboration. The litigation resulted in a blueprint for free public use of gene patents throughout Canada's health-care system, but it will only have value if governments are proactive in its use. PMID:28492533

Litigation as TB Rights Advocacy: A New Delhi Case Study.

PubMed

McBroom, Kerry

2016-06-01

One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies.

Reaction time as an indicator of insufficient effort: Development and validation of an embedded performance validity parameter.

PubMed

Stevens, Andreas; Bahlo, Simone; Licha, Christina; Liske, Benjamin; Vossler-Thies, Elisabeth

2016-11-30

Subnormal performance in attention tasks may result from various sources including lack of effort. In this report, the derivation and validation of a performance validity parameter for reaction time is described, using a set of malingering-indices ("Slick-criteria"), and 3 independent samples of participants (total n =893). The Slick-criteria yield an estimate of the probability of malingering based on the presence of an external incentive, evidence from neuropsychological testing, from self-report and clinical data. In study (1) a validity parameter is derived using reaction time data of a sample, composed of inpatients with recent severe brain lesions not involved in litigation and of litigants with and without brain lesion. In study (2) the validity parameter is tested in an independent sample of litigants. In study (3) the parameter is applied to an independent sample comprising cooperative and non-cooperative testees. Logistic regression analysis led to a derived validity parameter based on median reaction time and standard deviation. It performed satisfactorily in studies (2) and (3) (study 2 sensitivity=0.94, specificity=1.00; study 3 sensitivity=0.79, specificity=0.87). The findings suggest that median reaction time and standard deviation may be used as indicators of negative response bias. Copyright © 2016 Elsevier Ireland Ltd. All rights reserved.

Litigation as TB Rights Advocacy

PubMed Central

2016-01-01

Abstract One thousand people die every day in India as a result of TB, a preventable and treatable disease, even though the Constitution of India, government schemes, and international law guarantee available, accessible, acceptable, quality health care. Failure to address the spread of TB and to provide quality treatment to all affected populations constitutes a public health and human rights emergency that demands action and accountability. As part of a broader strategy, health activists in India employ Public Interest Litigation (PIL) to hold the state accountable for rights violations and to demand new legislation, standards for patient care, accountability for under-spending, improvements in services at individual facilities, and access to government entitlements in marginalized communities. Taking inspiration from right to health PIL cases (PILs), lawyers in a New Delhi-based rights organization used desk research, fact-findings, and the Right To Information Act to build a TB PIL for the Delhi High Court, Sanjai Sharma v. NCT of Delhi and Others (2015). The case argues that inadequate implementation of government TB schemes violates the Constitutional rights to life, health, food, and equality. Although PILs face substantial challenges, this paper concludes that litigation can be a crucial advocacy and accountability tool for people living with TB and their allies. PMID:27781000

Medical Malpractice: The Experience in Italy

PubMed Central

2008-01-01

At the present time, legal actions against physicians in Italy number about 15,000 per year, and hospitals spend over €10 billion (~US$15.5 billion) to compensate patients injured from therapeutic and diagnostic errors. In a survey summary issued by the Italian Court for the Rights of the Patient, between 1996 and 2000 orthopaedic surgery was the highest-ranked specialty for the number of complaints alleging medical malpractice. Today among European countries, Italy has the highest number of physicians subject to criminal proceedings related to medical malpractice, a fact that is profoundly changing physicians’ approach to medical practice. The national health system has paid increasingly higher insurance premiums and is having difficulty finding insurance companies willing to bear the risk of monetary claims alleging medical malpractice. Healthcare costs will likely worsen as Italian physicians increasingly practice defensive medicine, thereby overutilizing resources with the goal of documenting diligence, prudence, and skill as defenses against potential litigation, rather than aimed at any patient benefit. To reduce the practice of defensive medicine and healthcare costs, a possible solution could be the introduction of an extrajudicial litigation resolution, as in other civil law countries, and a reform of the Italian judicial system on matters of medical malpractice litigation. PMID:18985423

Clinical negligence in foot and ankle surgery: A 17-year review of claims to the NHS Litigation Authority.

PubMed

Ring, J; Talbot, C L; Clough, T M

2014-11-01

We present a review of litigation claims relating to foot and ankle surgery in the NHS in England during the 17-year period between 1995 and 2012. A freedom of information request was made to obtain data from the NHS litigation authority (NHSLA) relating to orthopaedic claims, and the foot and ankle claims were reviewed. During this period of time, a total of 10 273 orthopaedic claims were made, of which 1294 (12.6%) were related to the foot and ankle. 1036 were closed, which comprised of 1104 specific complaints. Analysis was performed using the complaints as the denominator. The cost of settling these claims was more than £36 million. There were 372 complaints (33.7%) involving the ankle, of which 273 (73.4%) were related to trauma. Conditions affecting the first ray accounted for 236 (21.4%), of which 232 (98.3%) concerned elective practice. Overall, claims due to diagnostic errors accounted for 210 (19.0%) complaints, 208 (18.8%) from alleged incompetent surgery and 149 (13.5%) from alleged mismanagement. Our findings show that the incorrect, delayed or missed diagnosis of conditions affecting the foot and ankle is a key area for improvement, especially in trauma practice. ©2014 The British Editorial Society of Bone & Joint Surgery.

The Australian litigation landscape - oral and maxillofacial surgery and general dentistry (oral surgery procedures): an analysis of litigation cases.

PubMed

Badenoch-Jones, E K; White, B P; Lynham, A J

2016-09-01

There are persistent concerns about litigation in the dental and medical professions. These concerns arise in a setting where general dentists are more frequently undertaking a wider range of oral surgery procedures, potentially increasing legal risk. Judicial cases dealing with medical negligence in the fields of general dentistry (oral surgery procedure) and oral and maxillofacial surgery were located using the three main legal databases. Relevant cases were analysed to determine the procedures involved, the patients' claims of injury, findings of negligence and damages awarded. A thematic analysis of the cases was undertaken to determine trends. Fifteen cases over a 20-year period were located across almost all Australian jurisdictions (eight cases involved general dentists; seven cases involved oral and maxillofacial surgeons). Eleven of the 15 cases involved determinations of whether or not the practitioner had failed in their duty of care; negligence was found in six cases. Eleven of the 15 cases related to molar extractions (eight specifically to third molar). Dental and medical practitioners wanting to manage legal risk should have regard to circumstances arising in judicial cases. Adequate warning of risks is critical, as is offering referral in appropriate cases. Preoperative radiographs, good medical records and processes to ensure appropriate follow-up are also important. © 2015 Australian Dental Association.

An Analysis of “Natural” Food Litigation to Build a Sesame Allergy Consumer Class Action.

PubMed

Shaker, Dana

In a world where food allergy is still an incurable disease, law and regulation stand as necessary mechanisms to provide food-allergic consumers with the information they need to protect their health. The Food Allergen Labeling and Consumer Protection Act of 2004 provided specific labeling requirements for the “Top Eight” allergens in the U.S.: milk, soy, gluten, egg, tree nut, peanut, fish, and Crustacean shellfish. Since then, sesame has become more prevalent as an allergen and remains just as dangerous, inducing anaphylactic shock in some sesame-allergic individuals. Yet sesame remains unregulated, despite advocates and congressional members arguing for its inclusion. This note entertains one solution to this problem by exploring the most strategic way to bring a sesame allergy class action against a private food company under California’s consumer protection statutes. Because this kind of class action does not have much, if any, precedent, this note analyzes the basic, preliminary issues that any litigant would have to navigate around to certify a class, including preemption, standing, and the claim itself, by focusing on how courts have examined these issues in the recent “natural” class action litigation. It also analyzes the legal, moral, and practical aspects of choosing a type of relief, as well as whom to include in the class. Finally, this note briefly considers how FDA itself can ensure sesame is regulated on the labels of food products, given that some of the legal issues may well be insurmountable for this particular class action. This note explores the potential solutions to difficult legal hurdles in constructing a sesame allergy class action, arguing that litigating a sesame allergy class action—even if it is not ultimately successful—could start a productive conversation that might lead Congress or FDA to provide greater public health and consumer protection for those with sesame allergy.

TREC 2010 legal track: method and results of the ELK collaboration

DOE Office of Scientific and Technical Information (OSTI.GOV)

Spearing, Shelly; Roman, Jorge; Mc Kay, Bain

The ELK team ([E]WA-IIT, [L]os Alamos National laboratory (LANL), and [K]ayvium Corporation (ELK)) used the legal Track task 302 as an opportunity to compare and integrate advanced semantic-automation strategies. The team members believe that enabling parties to discover, consume, analyze, and make decisions in a noisy and information-overloaded environment requires new tools. Together, as well as independently, they are actively developing these tools and view the TREC exercise as an opportunity to test, compare, and complement tools and approaches. Our collaboration is new to TREC, brought together by a shared interest in document relevance, concept-in-context identification and annotation, and themore » recognition that words out-of-context do not a match make. The team's intent was to lay the foundation for automating the mining and analysis of large volumes of electronic information by litigants and their lawyers, not only in the context of document discovery, but also to support litigation strategy, motion practice, deposition, trial tactics, etc. The premise was that a Subject Matter Expert- (SME-) built model can be automatically mapped onto various search engines for document retrieval, organization, relevance scoring, analysis and decision support. In the end, we ran nearly a dozen models, mostly, but not exclusively, with Kayvium Corporation's knowledge automation technology. The Sal Database Search Engine we used had a bug in its proximity feature, requiring that we develop a workaround. While the work-around was successful, it left us with insufficient time to converge the models to achieve expected quality. However, with optimized proximity processing in place, we would be able to run the model many more times, and believe repeatable quality would be a matter of working through a few requests to get the approach right. We believe that with more time, the results we would achieve might point towards a new way of processing documents for litigation support, so litigators can be confident that results are complete but not overly inclusive.« less

A prospective evaluation of health-related quality of life in Hong Kong Chinese patients with chronic non-cancer pain.

PubMed

Lee, S; Chen, P P; Lee, A; Ma, M; Fong, C M; Gin, T

2005-06-01

To evaluate the health-related quality of life in Hong Kong Chinese patients with chronic non-cancer pain. Prospective cross-sectional survey. Regional public hospitals, Hong Kong. Patients attending out-patient pain management clinics between 1 July 2002 and 28 February 2003 were approached to complete a set of standardised questionnaires. Demographic profiles, treatment modality, litigation, compensation, social welfare status, Hospital Anxiety Depression Scale, and Medical Outcomes Survey short-form health survey (SF36). Data from 166 patients were analysed. The median numeric pain rating score was 6 (interquartile range, 2-10). Work-related injury occurred in 34.3% of patients, while another 34% were involved in pain-related litigation and 32% were receiving disability or unemployment benefit. Sixty-four percent of patients were managed by three or more disciplines, while 54.8% were also receiving complimentary alternative medical treatment, mainly traditional Chinese medicine (49.7%). The Hospital Anxiety Depression Score indicated clinical anxiety or depression in 71.1% of patients. All SF36 subscale scores were lower than the local population norm. Unemployed patients had higher depression scores (P = 0.005), while students or retirees had lower physical functioning scores (P = 0.004). Patients who were single had higher role emotion scores than those who were married or separated/widowed (P = 0.011). Logistic regression analysis showed that younger age (odds ratio = 0.95), being married (6.62), work-related injury (15.63) or higher general scores (1.03) were more likely to be associated with litigation. Social welfare benefit was associated with unemployment (3.39) and a lower level of physical functioning (0.98). There was a high prevalence of clinical anxiety, depression, and severe impairment in the health-related quality of life in Hong Kong Chinese patients with chronic non-cancer pain. Specific factors affected the health-related quality of life, likelihood of litigation, and social benefit.

Neonatal hypoglycaemia: learning from claims.

PubMed

Hawdon, Jane M; Beer, Jeanette; Sharp, Deborah; Upton, Michele

2017-03-01

Neonatal hypoglycaemia is a potential cause of neonatal morbidity, and on rare but tragic occasions causes long-term neurodevelopmental harm with consequent emotional and practical costs for the family. The organisational cost to the NHS includes the cost of successful litigation claims. The purpose of the review was to identify themes that could alert clinicians to common pitfalls and thus improve patient safety. The NHS Litigation Authority (NHS LA) Claims Management System was reviewed to identify and review 30 claims for injury secondary to neonatal hypoglycaemia, which were notified to the NHS LA between 2002 and 2011. NHS LA. Anonymised documentation relating to 30 neonates for whom claims were made relating to neonatal hypoglycaemia. Dates of birth were between 1995 and 2010. Review of documentation held on the NHS LA database. Identifiable risk factors for hypoglycaemia, presenting clinical signs, possible deficits in care, financial costs of litigation. All claims related to babies of at least 36 weeks' gestation. The most common risk factor for hypoglycaemia was low birth weight or borderline low birth weight, and the most common reported presenting sign was abnormal feeding behaviour. A number of likely deficits in care were reported, all of which were avoidable. In this 10-year reporting period, there were 25 claims for which damages were paid, with a total financial cost of claims to the NHS of £162 166 677. Acknowledging that these are likely to be the most rare but most seriously affected cases, the clinical themes arising from these cases should be used for further development of training and guidance to reduce harm and redivert NHS funds from litigation to direct care. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://www.bmj.com/company/products-services/rights-and-licensing/.

Chronic pain, work performance and litigation.

PubMed

Blyth, Fiona M; March, Lyn M; Nicholas, Michael K; Cousins, Michael J

2003-05-01

The overall population impact of chronic pain on work performance has been underestimated as it has often been described in terms of work-related absence, excluding more subtle effects that chronic pain may have on the ability to work effectively. Additionally, most studies have focussed on occupational and/or patient cohorts and treatment seeking, rather than sampling from the general population. We undertook a population-based random digit dialling computer-assisted telephone survey with participants randomly selected within households in order to measure the impact of chronic pain on work performance. In addition, we measured the association between pain-related disability and litigation. The study took place in Northern Sydney Health Area, a geographically defined urban area of New South Wales, Australia, and included 484 adults aged 18 or over with chronic pain. The response rate was 73.4%. Working with pain was more common (on an average 83.8 days in 6 months) than lost work days due to pain (4.5 days) among chronic pain participants in full-time or part-time employment. When both lost work days and reduced-effectiveness work days were summed, an average of 16.4 lost work day equivalents occurred in a 6-month period, approximately three times the average number of lost work days. In multiple logistic regression modelling with pain-related disability as the dependent variable, past or present pain-related litigation had the strongest association (odds ratio (OR)=3.59, P=0.001). In conclusion, chronic pain had a larger impact on work performance than has previously been recognised, related to reduced performance while working with pain. A significant proportion were able to work effectively with pain, suggesting that complete relief of pain may not be an essential therapeutic target. Litigation (principally work-related) for chronic pain was strongly associated with higher levels of pain-related disability, even after taking into account other factors associated with poor functional outcomes.

Traumatic dental injuries during anaesthesia. Part II: medico-legal evaluation and liability.

PubMed

Gaudio, Rosa Maria; Barbieri, Stefania; Feltracco, Paolo; Tiano, Letizia; Galligioni, Helmut; Uberti, Manuela; Ori, Carlo; Avato, Francesco Maria

2011-02-01

Claims for tooth damage following intubation are increasing. An anaesthetic chart (AC) has been proposed to describe patient's pre-existent dental diseases and any possible lesions caused during intubation and extubation. We conducted a retrospective study of 235 cases of dental lesions reported in litigation files from January 2000 to June 2009. Based on preoperative oral inspection the anaesthetist decided whether or not to use a protective aid. Two different tooth protectors were applied: (i) a standard mouthguard and (ii) silicone impression putty. The study population consisted of 110 female (age 6-88 years) and 125 male patients (11-90 years) patients. In 66% of cases greater risk of perianesthetic dental injury was reported in the AC due to pre-existing poor dentition. In intubation procedures without protective devices dental subluxation/luxation occurred in 55% of patients, dental avulsion in 43%, exfoliation in 2%, and soft tissue damage in five patients. One patient suffered from transient facial nerve paralysis. The costs of treatments and of impression materials, as well as the total value of compensation for injuries are reported. Definition and demonstrability of damages on the AC is important in order to separate the cases worthy of compensation from the non-compensable ones, as to evaluate the possibility of solving the litigation by extrajudicial channels. There are cases in which, based on AC reporting and device adoption the damage resulted to be compensable, but the costs were defined on different estimates of lesions. The use of a protective device makes it possible to down-modulate the damage compensation. The analysis of litigation records and 'incident reports' has suggested that the choice of accurate proceeding and the use of protection aids could reduce the number of claims, insurance premiums and the costs of litigation process, thus improving physician-patient relationship. © 2011 John Wiley & Sons A/S.

10 CFR 1015.202 - Demand for payment.

Code of Federal Regulations, 2011 CFR

2011-01-01

... tools such as credit bureau reporting, private collection agencies, administrative wage garnishment, Federal salary offset, tax refund offset, administrative offset, litigation, and other tools, as...

10 CFR 1015.202 - Demand for payment.

Code of Federal Regulations, 2013 CFR

2013-01-01

... tools such as credit bureau reporting, private collection agencies, administrative wage garnishment, Federal salary offset, tax refund offset, administrative offset, litigation, and other tools, as...

10 CFR 1015.202 - Demand for payment.

Code of Federal Regulations, 2012 CFR

2012-01-01

... tools such as credit bureau reporting, private collection agencies, administrative wage garnishment, Federal salary offset, tax refund offset, administrative offset, litigation, and other tools, as...

Pupils

ERIC Educational Resources Information Center

Garber, Lee O.; Seitz, Reynolds C.

1971-01-01

Discusses recent court litigation concerning legal rights and responsibilities of pupils covering procedural due process, grooming and appearance, regulation of speech and publications, liability for pupil injuries, and racial integration. (JF)

Utility function under decision theory: A construction arbitration application

NASA Astrophysics Data System (ADS)

Alozn, Ahmad E.; Galadari, Abdulla

2017-08-01

While a wide range of dispute resolution mechanisms exist, practitioners favor legally binding ones such as litigation and arbitration. Since initiating a litigation or arbitration case against a business partner may dissolve the business relationship between them, predicting the arbitrator's decision becomes valuable to the arbitrating parties. This paper proposes a construction-specific utility framework for the arbitrating party through decision theory, and based on expected utility theory. The proposed framework preserves the industry practicality and most importantly, considers direct short-term factors and indirect long-term factors as well. It is suggested that the arbitrating parties' utility functions could be then used to identify equilibrium points among them when interact via game theory principles, which would serve the purpose of predicting the arbitration outcome.

Learning from the Law. A review of 21 years of litigation for pain during caesarean section.

PubMed

McCombe, K; Bogod, D G

2018-02-01

The large majority of caesarean sections in the UK are now carried out under neuraxial anaesthesia. Although this technique is widely accepted as being the safest option in most circumstances, the use of regional anaesthesia increases the risk of patients experiencing intra-operative discomfort or pain. Pain during operative obstetric delivery is the commonest successful negligence claim relating to regional anaesthesia against obstetric anaesthetists in the UK. In the following article, using a database of over 360 cases spanning 21 years, we break down and examine the recurrent components of medicolegal claims concerning pain during caesarean section and consider how anaesthetists might avoid litigation. © 2017 The Association of Anaesthetists of Great Britain and Ireland.

The production of corporate research to manufacture doubt about the health hazards of products: an overview of the Exponent Bakelite™ simulation study

PubMed Central

2016-01-01

Although corporate sponsorship of research does not necessarily lead to biased results, in some industries it has resulted in the publication of inaccurate and misleading information. Some companies have hired scientific consulting firms to retrospectively calculate exposures to products that are no longer manufactured or sold. As an example, this paper reviews one such study – a litigation-engendered study of Union Carbide Corporation’s asbestos-containing product, Bakelite™. This analysis is based on previously secret documents produced as a result of litigation. The study published asbestos fiber exposure measurements that underestimated actual exposures to create doubt about the hazards associated with the manufacture and manipulation of Bakelite™. PMID:27128626

Liability issues in managed care.

PubMed

Ellis, M S

1997-05-01

The explosive growth in Managed Care Organizations as a mechanism for providing health care in the United States has generated an equal explosion in litigation and new legislation related to problems within this delivery system. Abuses have included the "gagging" of physicians from providing full disclosure of medical options for their patients, inappropriate denial of care, denial of specialty referral, false claims data, insurer insolvency, economic credentialling, deselection, financial disincentives to render care, and lack of appeal or grievance mechanisms. These issues and others have resulted in injuries to patients and damage to the patient/physician relationship. This article discusses some of the more dramatic litigated cases and endeavors to alert both physicians and patients to potential legal matters that should be considered before becoming involved within this structure.

Legal action against health claims on foods and beverages marketed to youth.

PubMed

Rutkow, Lainie; Vernick, Jon S; Edwards, Danielle M; Rodman, Sarah O; Barry, Colleen L

2015-03-01

The prevalence of obesity among US children raises numerous health concerns. One pathway to reduce childhood obesity is by decreasing energy intake through the ingestion of fewer calories. Yet, food and beverage manufacturers often promote energy-dense items for children via varied health claims. Deceptive health claims are prohibited, and may be addressed through litigation or governmental regulatory efforts. While the amount of legal action against these potentially deceptive claims has increased, no comprehensive assessment has been conducted. This article, which analyzes litigation and governmental regulatory activities, considers key factors that may influence decisions to take legal action against potentially deceptive health claims on foods and beverages, including scientific support, forum selection, selection of plaintiffs, and potential public health impact.

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

PubMed

Grembi, Veronica; Garoupa, Nuno

2013-10-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

"I Don't Know That I've Ever Felt Like I Got the Full Story": A Qualitative Study of Courtroom Interactions Between Judges and Litigants in Domestic Violence Protective Order Cases.

PubMed

Person, Cara J; Moracco, Kathryn E Beth; Agnew-Brune, Christine; Bowling, J Michael

2018-01-01

One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges' decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.

Legal Action Against Health Claims on Foods and Beverages Marketed to Youth

PubMed Central

Vernick, Jon S.; Edwards, Danielle M.; Rodman, Sarah O.; Barry, Colleen L.

2015-01-01

The prevalence of obesity among US children raises numerous health concerns. One pathway to reduce childhood obesity is by decreasing energy intake through the ingestion of fewer calories. Yet, food and beverage manufacturers often promote energy-dense items for children via varied health claims. Deceptive health claims are prohibited, and may be addressed through litigation or governmental regulatory efforts. While the amount of legal action against these potentially deceptive claims has increased, no comprehensive assessment has been conducted. This article, which analyzes litigation and governmental regulatory activities, considers key factors that may influence decisions to take legal action against potentially deceptive health claims on foods and beverages, including scientific support, forum selection, selection of plaintiffs, and potential public health impact. PMID:25602904

Veterinary Forensic Toxicology.

PubMed

Gwaltney-Brant, S M

2016-09-01

Veterinary pathologists working in diagnostic laboratories are sometimes presented with cases involving animal poisonings that become the object of criminal or civil litigation. Forensic veterinary toxicology cases can include cases involving animal cruelty (malicious poisoning), regulatory issues (eg, contamination of the food supply), insurance litigation, or poisoning of wildlife. An understanding of the appropriate approach to these types of cases, including proper sample collection, handling, and transport, is essential so that chain of custody rules are followed and proper samples are obtained for toxicological analysis. Consultation with veterinary toxicologists at the diagnostic laboratory that will be processing the samples before, during, and after the forensic necropsy can help to ensure that the analytical tests performed are appropriate for the circumstances and findings surrounding the individual case. © The Author(s) 2016.

32 CFR 700.331 - The Judge Advocate General.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., administrative law, claims, operational and international law, and litigation involving these issues; and (4... working relationship with the General Counsel on all matters of common interest. ...

School Desegregation and Residential Segregation.

ERIC Educational Resources Information Center

Billingsley, Andrew; And Others

1979-01-01

This statement on school and residential segregation, signed by 38 educators and social scientists, was prepared for attorneys connected with litigation concerning the Dayton and Columbus school systems. (RLV)

Reducing medical complaints and litigation in Malaysia: turning patients' voices into opportunities.

PubMed

Kassim, Puteri Nemie Jahn

2007-10-01

One of the most important ironies of modern health care is that public expectations are rising faster than the ability of health services to meet them. Patients nowadays no longer want to be treated as passive recipients of medical care but as co-producers or partners able to manage their illnesses. Thus, it is not surprising that poor communication and failure to take into account the patient's perspective are at the heart of most formal complaints and legal actions in Malaysia. The difficulties of existing complaint procedures in Malaysia have become manifest over the years and this has been accentuated by patients becoming more willing to challenge the decisions of medical practitioners and health service management in court. To reduce the number of complaints and risks of litigation, a more patient-centred approach should be adopted. When patients voice their concern by making a complaint or inquiry, this should be seen as a unique source of information for health care services on why adverse events occur and how to prevent them. As well as reducing future harm to patients, better management of complaints should restore trust and reduce the risk of litigation, through open communication and a commitment to learn from the problem. The existing procedures for patients to be heard in Malaysia should be reviewed and incorporate features such as responsiveness, accessibility, impartiality, simplicity, speed and accountability.

32 CFR 516.59 - Duties and procedures.

Code of Federal Regulations, 2010 CFR

2010-07-01

... PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.59 Duties and procedures... agencies; contracting officers; inspectors general of the executive branch; correspondence from the public...

42 CFR 478.36 - Record of reconsideration.

Code of Federal Regulations, 2011 CFR

2011-10-01

... (CONTINUED) QUALITY IMPROVEMENT ORGANIZATIONS RECONSIDERATIONS AND APPEALS Utilization and Quality Control...) Completion of litigation and the passage of the time period for filing all appeals. (b) Contents of the...

77 FR 75199 - Notice of Sunshine Act Meetings

Federal Register 2010, 2011, 2012, 2013, 2014

2012-12-19

... museum and the establishment of the William H. Gross Stamp Gallery. Chairman's Public Comment Period... pending litigation. CONTACT PERSON FOR MORE INFORMATION: Stephen L. Sharfman, General Counsel, Postal...

32 CFR 516.63 - Coordination with DOJ.

Code of Federal Regulations, 2011 CFR

2011-07-01

... PUBLIC RELATIONS LITIGATION Remedies in Procurement Fraud and Corruption § 516.63 Coordination with DOJ... significant fraud and corruption cases to accomplish the following: (1) Monitor criminal prosecutions. (2...

Financing Facilities.

ERIC Educational Resources Information Center

Silverstein, Justin; Augenblick, John

2002-01-01

Reviews several issues having implications for the future nature and funding of school construction, including recent state educational adequacy and equity litigation, smaller class sizes, full-day kindergartens, educational technology, and charter schools. (PKP)

The Production of Corporate Research to Manufacture Doubt About the Health Hazards of Products: An Overview of the Exponent Bakelite® Simulation Study.

PubMed

Egilman, David

2018-01-01

Although corporate sponsorship of research does not necessarily lead to biased results, in some industries, it has resulted in the publication of inaccurate and misleading data. Some companies have hired scientific consulting firms to retrospectively calculate exposures to hazardous products during use that are no longer manufactured or sold. As an example, this paper reviews one such study-a litigation-generated study of Union Carbide Corporation's asbestos-containing product, Bakelite®. This analysis is based on previously secret documents, produced as a result of litigation. The study generated asbestos fiber exposure measurements which resulted in underestimates of actual exposures to create doubt about the hazards associated with manufacture and manipulation of Bakelite®.

The relationship of workers' compensation to the Americans with Disabilities Act and Family and Medical Leave Act.

PubMed

Geaney, John H

2004-05-01

This article examines the intersection of workers' compensation laws with the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Much ADA and FMLA litigation stems from work-related injuries or illnesses. Knowledge of the ADA and FMLA may help prevent workers' compensation cases from resulting in costly employment litigation. Employees who are absent from work for a work-related condition often have rights under other laws, besides workers' compensation laws, such as the ADA and FMLA. Employers need to be cognizant of this while addressing these cases. First, the goals of state workers' compensation laws and the ADA and FMLA are reviewed. Then specific issues involving the intersection of workers' compensation, ADA,and FMLA are discussed.

Smokefree Policies in Latin America and the Caribbean: Making Progress

PubMed Central

Sebrié, Ernesto M.; Schoj, Verónica; Travers, Mark J.; McGaw, Barbara; Glantz, Stanton A.

2012-01-01

We reviewed the adoption and implementation of smokefree policies in all Latin American and the Caribbean (LAC) countries. Significant progress has been achieved among LAC countries since the WHO Framework Convention on Tobacco Control (FCTC) was adopted in 2005. Both national and sub-national legislation have provided effective mechanisms to increase the fraction of the population protected from secondhand tobacco smoke. Civil society has actively promoted these policies and played a main role in enacting them and monitoring their enforcement. The tobacco industry, while continuing to oppose the approval and regulation of the laws at legislative and executive levels, has gone a step further by litigating against them in the Courts. As in the US and elsewhere, this litigation has failed to stop the legislation. PMID:22754484

Implications for therapeutic judging (TJ) of a psychoanalytical approach to the judicial role - Reflections on Robert Burt's contribution.

PubMed

Sourdin, Tania; Cornes, Richard

Robert Burt in, "The Yale School of Law and Psychoanalysis, from 1963 Onward", in this issue, explains and laments a decline in influence of psychoanalytic ideas in legal thinking. He notes "the fundamental similarity that both litigation and psychotherapy involve recollections of past events", buttressing his argument with eight parallels between the two. In this article we take up Burt's theme, first noting the relationship between therapeutic jurisprudence and psychoanalytic concepts before presenting an outline for a psychoanalytical understanding of the judicial role. We then consider the litigation process from the linked perspectives of therapeutic jurisprudence and psychoanalysis before closing with a reflection on the eight parallels elaborated by Burt. Copyright © 2016 Elsevier Ltd. All rights reserved.

22 CFR 213.24 - General.

Code of Federal Regulations, 2010 CFR

2010-04-01

... may compromise claims for money or property where the principal balance of a claim, exclusive of... refers compromise offers for claims in excess of $100,000 to the Commercial Litigation Branch, Civil...

Endangered Species Litigation and Associated Pesticide Limitations

EPA Pesticide Factsheets

EPA has been subject to several citizen suits. As a result we have conducted scientific assessments and made effects determinations for various pesticide products as related to specific species of concern.

7 CFR 1980.497 - General administrative.

Code of Federal Regulations, 2012 CFR

2012-01-01

... Law 103-354 Office) for advice on how to interact with the OGC on liquidations and property management... inventory and accounts receivable. (iv) Litigation is pending or threatened: e.g., bankruptcy, other...

7 CFR 1980.497 - General administrative.

Code of Federal Regulations, 2014 CFR

2014-01-01

... Law 103-354 Office) for advice on how to interact with the OGC on liquidations and property management... inventory and accounts receivable. (iv) Litigation is pending or threatened: e.g., bankruptcy, other...

7 CFR 1980.497 - General administrative.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Law 103-354 Office) for advice on how to interact with the OGC on liquidations and property management... inventory and accounts receivable. (iv) Litigation is pending or threatened: e.g., bankruptcy, other...

7 CFR 1980.497 - General administrative.

Code of Federal Regulations, 2011 CFR

2011-01-01

... Law 103-354 Office) for advice on how to interact with the OGC on liquidations and property management... inventory and accounts receivable. (iv) Litigation is pending or threatened: e.g., bankruptcy, other...

7 CFR 1980.497 - General administrative.

Code of Federal Regulations, 2013 CFR

2013-01-01

... Law 103-354 Office) for advice on how to interact with the OGC on liquidations and property management... inventory and accounts receivable. (iv) Litigation is pending or threatened: e.g., bankruptcy, other...

28 CFR 61.4 - Major federal action.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ENVIRONMENTAL POLICY ACT General § 61.4 Major federal action. The NEPA regulations define “major federal action... judicial or administrative enforcement proceedings or civil or criminal litigation, including but not...

44 CFR 5.82 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-10-01

... SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION Subpoenas or Other Legal Demands for Testimony or... Administrator of FEMA. (c) Private litigation refers to any legal proceeding which does not involve as a named...

40 CFR 1.31 - Office of General Counsel.

Code of Federal Regulations, 2010 CFR

2010-07-01

.... The office provides legal services to all organizational elements of the Agency with respect to all Agency programs and activities and also provides legal opinions, legal counsel, and litigation support...

76 FR 35724 - Conservatorship and Receivership

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-20

... through infusions of Treasury funds. If securities litigation claimants were treated as ordinary creditors... on the U.S. taxpayers, who through the Treasury Agreements provide infusions of cash to make up any...

Lasers and losers in the eyes of the law: liability for head and neck procedures.

PubMed

Svider, Peter F; Carron, Michael A; Zuliani, Giancarlo F; Eloy, Jean Anderson; Setzen, Michael; Folbe, Adam J

2014-01-01

Although some have noted that malpractice litigation may be "plateauing," defensive medical practices are pervasive and make up a considerable proportion of the "indirect" costs medicolegal issues contribute toward our health care system. Accordingly, these trends have spurred considerable interest in characterizing factors that play a role in alleged medical negligence, along with outcomes and awards. To conduct a focused examination of malpractice litigation regarding laser procedures in the head and neck and to determine the reasons for initiating litigation as well as outcomes and awards. Retrospective analysis of the WestlawNext legal database, encompassing publicly available federal and state court records, to identify malpractice cases involving laser procedures in the head and neck. Outcomes, awards, defendant specialty, and other allegations. Most cases (28 [82%]) included in this analysis involved female plaintiffs. Of 34 cases, 19 (56%) were resolved with a defendant verdict. The median indemnity was $150 000, and dermatologists, otolaryngologists, and plastic surgeons were the most commonly named defendants. The most common procedures were performed for age-related changes, acne scarring, hair removal, and vascular lesions, although there were also several rhinologic and airway cases. Of all cases, 25 (74%) involved cutaneous procedures, and common allegations noted included permanent injury (24 cases [71%]), disfigurement/scarring (23 [68%]), inadequate informed consent (17 [50%]), unnecessary/inappropriate procedure (15 [44%]), and burns (11 [32%]). Noncutaneous procedures had higher trending median payments ($600 000 vs $103 000), although this comparison did not reach statistical significance (P = .09). Procedures using lasers represent a potential target for malpractice litigation should an adverse event occur. Although cutaneous/cosmetic procedures were noted among cases included in this analysis, as well as other head and neck interventions, otolaryngologists were more likely to be named as defendants in the latter category. Although cases had modest indemnities compared with prior analyses, the potential for significant amounts was present. Inclusion into the informed consent process of specific factors detailed in this analysis may potentially decrease liability. In addition, physicians and patients should undergo comprehensive discussion regarding expectations as well as contingencies should adverse events occur. 4.

Audit of litigation against the accident and emergency radiology department.

PubMed

Cantoni, S; De Stefano, F; Mari, A; Savaia, F; Rosso, R; Derchi, L

2009-09-01

The aims of this study were to reduce and monitor litigation due to failure to diagnose a fracture, to evaluate whether the cases were due to radiological error or other problems in the diagnostic and therapeutic management of patients and to identify organisational, technical or functional changes or guidelines to improve the management of patients with suspected fracture and their expectations. We analysed the litigation database for the period 2004-2006 and extracted all episodes indicating failure to diagnose a fracture at the accident and emergency radiology department of our centre. The radiographs underwent blinded review by two experts, and each case was jointly analysed by a radiologist and a forensic physician to see what led to the compensation claim. We identified 22 events (2004 seven cases; 2005 eight cases; 2006 seven cases). Six cases were unrelated to radiological error. Six were due to imperceptible fractures at the time of the examination. These were accounted for by the presence of a major lesion distracting the examiner's attention from a less important associated lesion in one case, a false negative result in a patient examined on a incompletely radiolucent spinal board and underexposure of the coccyx region in an obese patient. Six cases were related to an interpretation error by the radiologist. In the remaining cases, the lesion being referred to in the compensation claim could either not be established or the case was closed by the insurance company without compensation. Corrective measures were adopted. These included planning the purchase of a higher performance device, drawing up a protocol for imaging patients on spinal boards, reminding radiologists of the need to carefully scrutinise the entire radiogram even after having identified a lesion, and producing an information sheet explaining to patients the possibility of false negative results in cases of imperceptible lesions and inviting them to return to the department if symptoms persist. We believe the clinical and administrative analysis we performed is useful. It reviewed some administrative practices and identified critical features. We identified tools that we trust will reduce litigation.

22 CFR 503.8 - Exemptions.

Code of Federal Regulations, 2010 CFR

2010-04-01

... documents even after the litigation is closed. (f) Exemption six—Clearly unwarranted invasion of personal... privacy by a requester being able to “piece together items” or “read between the lines” information that...

22 CFR 213.14 - Contracting for collection services.

Code of Federal Regulations, 2010 CFR

2010-04-01

... accounts to private collection agencies; (g) Refer accounts to DOJ for litigation; (h) Report written off...) Refer accounts to credit bureaus; (c) Skiptracing; (d) Purchase credit reports to assist in the...

Patent Litigation and Innovation Act of 2013

THOMAS, 113th Congress

Rep. Jeffries, Hakeem S. [D-NY-8

2013-07-10

House - 09/13/2013 Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Lesson 5: Overview of CROMERR Requirements for Electronic Reporting

EPA Pesticide Factsheets

The purpose of the CROMERR requirements is to ensure that authorized programs that receive electronic documents in lieu of paper can rely on those documents for purposes of enforcement-related litigation.

45 CFR 1610.2 - Definitions.

Code of Federal Regulations, 2010 CFR

2010-10-01

... (Organizing activities); (7) Section 1007(b)(8) of the LSC Act (Abortions); (8) Section 1007(b)(9) of the LSC... part 1612 of the LSC Regulations (Public policy training); (9) Section 504(a)(14) (Abortion litigation...

49 CFR 9.1 - Purpose.

Code of Federal Regulations, 2014 CFR

2014-10-01

... litigants; (4) Avoid spending the time and money of the United States for private purposes; and (5) To... exception may be granted only when the deviation will not interfere with matters of operational or military...

49 CFR 9.1 - Purpose.

Code of Federal Regulations, 2012 CFR

2012-10-01

... litigants; (4) Avoid spending the time and money of the United States for private purposes; and (5) To... exception may be granted only when the deviation will not interfere with matters of operational or military...

49 CFR 9.1 - Purpose.

Code of Federal Regulations, 2011 CFR

2011-10-01

... litigants; (4) Avoid spending the time and money of the United States for private purposes; and (5) To... exception may be granted only when the deviation will not interfere with matters of operational or military...

49 CFR 9.1 - Purpose.

Code of Federal Regulations, 2013 CFR

2013-10-01

... litigants; (4) Avoid spending the time and money of the United States for private purposes; and (5) To... exception may be granted only when the deviation will not interfere with matters of operational or military...

49 CFR 9.1 - Purpose.

Code of Federal Regulations, 2010 CFR

2010-10-01

... litigants; (4) Avoid spending the time and money of the United States for private purposes; and (5) To... exception may be granted only when the deviation will not interfere with matters of operational or military...

16 CFR 1025.31 - General provisions governing discovery.

Code of Federal Regulations, 2010 CFR

2010-01-01

... the mental impressions, conclusions, opinions, or legal theories of an attorney or other... developed in anticipation of litigation or for trial, may be obtained only as follows: (i)(A) A party may...

29 CFR 500.142 - Representation of the Secretary.

Code of Federal Regulations, 2010 CFR

2010-07-01

... MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION Enforcement § 500.142 Representation of the Secretary... brought under the Act; but all such litigation shall be subject to the direction and control of the...

The high cost of clinical negligence litigation in the NHS.

PubMed

Tingle, John

2017-03-09

John Tingle, Reader in Health Law at Nottingham Trent University, discusses a consultation document from the Department of Health on introducing fixed recoverable costs in lower-value clinical negligence claims.

45 CFR 1610.2 - Definitions.

Code of Federal Regulations, 2013 CFR

2013-10-01

... (Organizing activities); (7) Section 1007(b)(8) of the LSC Act (Abortions); (8) Section 1007(b)(9) of the LSC... part 1612 of the LSC Regulations (Public policy training); (9) Section 504(a)(14) (Abortion litigation...

45 CFR 1610.2 - Definitions.

Code of Federal Regulations, 2014 CFR

2014-10-01

... (Organizing activities); (7) Section 1007(b)(8) of the LSC Act (Abortions); (8) Section 1007(b)(9) of the LSC... part 1612 of the LSC Regulations (Public policy training); (9) Section 504(a)(14) (Abortion litigation...

45 CFR 1610.2 - Definitions.

Code of Federal Regulations, 2011 CFR

2011-10-01

... (Organizing activities); (7) Section 1007(b)(8) of the LSC Act (Abortions); (8) Section 1007(b)(9) of the LSC... part 1612 of the LSC Regulations (Public policy training); (9) Section 504(a)(14) (Abortion litigation...

45 CFR 1610.2 - Definitions.

Code of Federal Regulations, 2012 CFR

2012-10-01

... (Organizing activities); (7) Section 1007(b)(8) of the LSC Act (Abortions); (8) Section 1007(b)(9) of the LSC... part 1612 of the LSC Regulations (Public policy training); (9) Section 504(a)(14) (Abortion litigation...

32 CFR 516.19 - Injunctive relief.

Code of Federal Regulations, 2013 CFR

2013-07-01

... personnel actions through motions for temporary restraining orders (TRO) or preliminary injunctions (PI... Litigation Division or other appropriate office at HQDA when a motion for TRO or PI has been, or is about to...

32 CFR 516.19 - Injunctive relief.

Code of Federal Regulations, 2012 CFR

2012-07-01

... personnel actions through motions for temporary restraining orders (TRO) or preliminary injunctions (PI... Litigation Division or other appropriate office at HQDA when a motion for TRO or PI has been, or is about to...

32 CFR 516.19 - Injunctive relief.

Code of Federal Regulations, 2014 CFR

2014-07-01

... personnel actions through motions for temporary restraining orders (TRO) or preliminary injunctions (PI... Litigation Division or other appropriate office at HQDA when a motion for TRO or PI has been, or is about to...

Securities Litigation Attorney Accountability and Transparency Act

THOMAS, 113th Congress

Sen. Cornyn, John [R-TX

2013-03-22

Senate - 03/22/2013 Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

41 CFR 105-53.138 - Office of General Counsel.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Department of Justice in litigation matters; and reviews and gives advice on matters of contract policy and... proposed by GSA; furnishes legal advice required in connection with reports on legislation proposed by...

41 CFR 105-53.138 - Office of General Counsel.

Code of Federal Regulations, 2011 CFR

2011-01-01

... Department of Justice in litigation matters; and reviews and gives advice on matters of contract policy and... proposed by GSA; furnishes legal advice required in connection with reports on legislation proposed by...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2010 CFR

2010-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2014 CFR

2014-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2013 CFR

2013-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2011 CFR

2011-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

32 CFR 842.84 - Delegations of authority.

Code of Federal Regulations, 2012 CFR

2012-07-01

... General. (iii) The Director of Civil Law. (iv) The Chief and Deputy Chief, Claims and Tort Litigation...) The Judge Advocate General. (ii) The Deputy Judge Advocate General. (iii) The Director of Civil Law...

44 CFR 5.84 - Production of documents in private litigation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information § 5.84...

44 CFR 5.87 - Testimony of FEMA employees in private litigation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL PRODUCTION OR DISCLOSURE OF INFORMATION Subpoenas or Other Legal Demands for Testimony or the Production or Disclosure of Records or Other Information...

19 CFR 210.12 - The complaint.

Code of Federal Regulations, 2012 CFR

2012-04-01

... acts, or the subject matter thereof, are or have been the subject of any court or agency litigation..., state a specific theory and provide corroborating data to support the allegation(s) in the complaint...

48 CFR 952.231-71 - Insurance-litigation and claims.

Code of Federal Regulations, 2010 CFR

2010-10-01

...) Willful misconduct; (2) Lack of good faith; or (3) Failure to exercise prudent business judgment, which... results from willful misconduct, lack of good faith, or failure to exercise prudent business judgment by...

45 CFR 1612.5 - Permissible activities using any funds.

Code of Federal Regulations, 2010 CFR

2010-10-01

... involving that client's legal rights or responsibilities, including pre-litigation negotiation and..., practices, or policies; (3) Informing clients, other recipients, or attorneys representing eligible clients..., rules of professional responsibility and disciplinary rules. ...

Tobacco industry use of personal responsibility rhetoric in public relations and litigation: disguising freedom to blame as freedom of choice.

PubMed

Friedman, Lissy C; Cheyne, Andrew; Givelber, Daniel; Gottlieb, Mark A; Daynard, Richard A

2015-02-01

We examined the tobacco industry's rhetoric to frame personal responsibility arguments. The industry rarely uses the phrase "personal responsibility" explicitly, but rather "freedom of choice." When freedom of choice is used in the context of litigation, the industry means that those who choose to smoke are solely to blame for their injuries. When used in the industry's public relations messages, it grounds its meaning in the concept of liberty and the right to smoke. The courtroom "blame rhetoric" has influenced the industry's larger public relations message to shift responsibility away from the tobacco companies and onto their customers. Understanding the rhetoric and framing that the industry employs is essential to combating this tactic, and we apply this comprehension to other industries that act as disease vectors.

Swimming upstream: developing and commercializing diabetes products in a patent protected world.

PubMed

Hopkins, Brian P; Miller, Katherine J

2013-03-01

Many, if not most, commercially available diabetes treatment products are protected by some form of intellectual property. This article discusses the development and commercialization of products in view of the state of intellectual property for the diabetes treatment market, with respect to possible discouragement, for some, from seeking patent protection or commercializing a new product under the belief that patent protection is either unavailable or difficult to come by, or for fear of infringing existing patents. Upon closer investigation, the evolution of technology almost always creates opportunities for new improvements, which likely can be patent protected. Furthermore, while avoiding the claims of existing patents is sometimes challenging and opinion based, and thus not a guarantee of avoiding a patent litigation, patent litigation may be delayed and is often settled early on. © 2013 Diabetes Technology Society.

Swimming Upstream: Developing and Commercializing Diabetes Products in a Patent Protected World

PubMed Central

Hopkins, Brian P.; Miller, Katherine J.

2013-01-01

Many, if not most, commercially available diabetes treatment products are protected by some form of intellectual property. This article discusses the development and commercialization of products in view of the state of intellectual property for the diabetes treatment market, with respect to possible discouragement, for some, from seeking patent protection or commercializing a new product under the belief that patent protection is either unavailable or difficult to come by, or for fear of infringing existing patents. Upon closer investigation, the evolution of technology almost always creates opportunities for new improvements, which likely can be patent protected. Furthermore, while avoiding the claims of existing patents is sometimes challenging and opinion based, and thus not a guarantee of avoiding a patent litigation, patent litigation may be delayed and is often settled early on. PMID:23566985

Availability of Litigation as a Public Health Tool for Firearm Injury Prevention: Comparison of Guns, Vaccines, and Motor Vehicles

PubMed Central

Vernick, Jon S.; Rutkow, Lainie; Salmon, Daniel A.

2007-01-01

The Protection of Lawful Commerce in Arms Act (PLCAA), enacted in 2005, grants the firearm industry broad immunity from liability. The PLCAA not only prevents most people from receiving compensation for their firearm-related injuries, it erodes litigation’s ability to serve its public health role of providing manufacturers with a financial incentive to make their products safer. When the viability of the vaccine industry was threatened in the 1980s, Congress provided limited protection from liability and also established the Vaccine Injury Compensation Program. The liability of nearly all other products, for example motor vehicles, is governed by traditional common law principles. The absence of both litigation and product safety rules for firearms is a potentially dangerous combination for the public’s health. PMID:17901450

Some Ethical Legal Issues in Heart Disease Surgery

PubMed Central

Lin, Pyng Jing

2014-01-01

Ethical concerns, cultural norms, and legal issues must be carefully considered when treating a patient with heart disease. Although physicians or surgeons must play a role in course of treatment decision making, they should be guided by evidence-based data and the preferences of patients and/or the patient’s parents. However, there is no obligation to provide this type of informed consultation and approval unless these ethical issues become law - which typically occurs through litigation. In this review, we examined common ethical principles that are integral to the regular decisions made by clinicians every day. Some special ethical issues and associated litigation, if any, which might occur perioperatively will also be reviewed. Finally, the final judgments of civil and criminal courts of Taiwan, particularly lawsuits involving physicians associated with coronary artery disease care or aortic aneurysm, will also be introduced. PMID:27122831

Improve medical malpractice law by letting health care insurers take charge.

PubMed

Reinker, Kenneth S; Rosenberg, David

2011-01-01

This essay discusses unlimited insurance subrogation (UIS) as a means of improving the deterrence and compensation results of medical malpractice law. Under UIS, health care insureds could assign their entire potential medical malpractice claims to their first-party commercial and government insurers. UIS should improve deterrence by establishing first-party insurers as plaintiffs to confront liability insurers on the defense side, leading to more effective prosecution of meritorious claims and reducing meritless and unnecessary litigation. UIS should improve compensation outcomes by converting litigation cost- and risk- laden "tort insurance" into cheaper and enhanced first-party insurance. UIS also promises dynamic benefits through further reforms by contract between the first-party and liability insurers that would take charge of system. No UIS-related costs are apparent that would outweigh these benefits. © 2011 American Society of Law, Medicine & Ethics, Inc.

Medical Malpractice Claims in Radiation Oncology: A Population-Based Study 1985-2012

DOE Office of Scientific and Technical Information (OSTI.GOV)

Marshall, Deborah C.; Punglia, Rinaa S.; Fox, Dov

Purpose: The purpose of this study was to determine trends in radiation oncology malpractice claims and expenses during the last 28 years and to compare radiation oncology malpractice claims to those of other specialties. Methods and Materials: We performed a retrospective analysis of closed malpractice claims filed from 1985 to 2012, collected by a nationwide medical liability insurance trade association. We analyzed characteristics and trends among closed claims, indemnity payments (payments to plaintiff), and litigation expenses. We also compared radiation oncology malpractice claims to those of 21 other medical specialties. Time series dollar amounts were adjusted for inflation (2012 was themore » index year). Results: There were 1517 closed claims involving radiation oncology, of which 342 (22.5%) were paid. Average and median indemnity payments were $276,792 and $122,500, respectively, ranking fifth and eighth, respectively, among the 22 specialty groups. Linear regression modeling of time trends showed decreasing total numbers of claims (β = −1.96 annually, P=.003), increasing average litigation expenses paid (β = +$1472 annually, P≤.001), and no significant changes in average indemnity payments (β = −$681, P=.89). Conclusions: Medical professional liability claims filed against radiation oncologists are not common and have declined in recent years. However, indemnity payments in radiation oncology are large relative to those of many other specialties. In recent years, the average indemnity payment has been stable, whereas litigation expenses have increased.« less

Using litigation to defend women prosecuted for abortion in Mexico: challenging state laws and the implications of recent court judgments.

PubMed

Paine, Jennifer; Noriega, Regina Tamés; Puga, Alma Luz Beltrán Y

2014-11-01

While women in Mexico City can access free, safe and legal abortion during the first trimester, women in other Mexican states face many barriers. To complicate matters, between 2008 and 2009, 16 state constitutions were amended to protect life from conception. While these reforms do not annul existing legal abortion indications, they have created additional obstacles for women. Health providers increasingly report women who seek life-saving care for complications such as haemorrhage to the police, and some cases eventually end up in court. The Grupo de Información en Reproducción Elegida (GIRE) has successfully litigated such cases in state courts, with positive outcomes. However, state courts have mainly focused on procedural issues. The Mexican Supreme Court ruling supporting Mexico City's law has had a positive effect, but a stronger stance is needed. This paper discusses the constitutional framework and jurisprudence regarding abortion in Mexico, and the recent Costa Rica decision of the Inter-American Court of Human Rights. We assert that Mexican states must guarantee women's access to abortion on the legal grounds established in law. We continue to support litigation at the state level to oblige courts to exonerate women prosecuted for illegal abortion. Advocacy should, of course, also address the legislative and executive branches, while working simultaneously to set legal precedents on abortion. Copyright © 2014 Reproductive Health Matters. Published by Elsevier Ltd. All rights reserved.

The Tobacco Deposition and Trial Testimony Archive (DATTA) project: origins, aims, and methods

PubMed Central

Davis, Ronald M; Douglas, Clifford E; Beasley, John K

2006-01-01

Research on previously secret tobacco industry documents has grown substantially during the past decade, since these documents first became available as the result of private and governmental litigation and investigations by the US Congress and the US Food and Drug Administration. Complementary research on tobacco litigation testimony is now being conducted through the Tobacco Deposition and Trial Testimony Archive (DATTA) project. We obtained transcripts of depositions and trial testimony, deposition and trial exhibits, expert reports, and other litigation documents from law firms, court reporter firms, individual lawyers and witnesses, tobacco company websites, and other sources. As of 3 March 2006, the publicly available collection of DATTA (http://tobaccodocuments.org/datta) contained 4850 transcripts of depositions and trial testimony, including a total of about 820 000 transcript pages. Transcripts covered testimony from 1957 to 2005 (85% were for testimony from 1990 to 2005) given by more than 1500 witnesses in a total of 232 lawsuits. Twelve research teams were established to study the transcripts, with each team covering a particular topic (for example, the health consequences of tobacco use, addiction and pharmacology, tobacco advertising and promotion, tobacco‐product design and manufacture, economic impact of tobacco use, youth initiation of tobacco use, and public understanding of the risks of tobacco use and exposure to second‐hand smoke). The teams used qualitative research methods to analyse the documents, and their initial findings are published throughout this journal supplement. PMID:17130623