48 CFR 1852.228-80 - Insurance-Immunity From Tort Liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

..., Insurance—Liability to Third Persons, and the associated NFS clause 1852.228-81, Insurance—Partial Immunity... clause at NFS 1852.228-82 Insurance—Total Immunity From Tort Liability, will be included in the contract...

Tort Liability of School Districts, Officers, and Employees.

ERIC Educational Resources Information Center

Lenaghan, James M.

A tort is a civil wrong not based on a contractual obligation and which results in injury to a person. In a tort action, the injured party can collect from whomever injured him. This chapter, one of seven in the 1973 Yearbook of School Law, reports those court opinions that deal directly with tort liability of school districts, officers, and…

Tort Liability of School Districts, Officers, and Employees

ERIC Educational Resources Information Center

Knowles, Laurence

1972-01-01

Discusses the tactics of tort litigation in the public area, and outlines 1972 State and Federal court cases involving such tort liability issues as (1) governmental immunity, (2) negligence and foreseeability, (3) assumption of risk, (4) contributory negligence, and (5) independent intervening cause. (JF)

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…

Assessment of tort liability risk management in the Virginia Department of Transportation : final report.

DOT National Transportation Integrated Search

1988-01-01

The Virginia Department of Transportation (VDOT) faces a growing tort liability problem. Under the Virginia Tort Claims Act, VOOT is liable for up to $75,000 for negligent or wrongful acts or omissions committed by its employees within the scope of t...

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

Tort liability covers most injurious, civil, wrongful acts that occur between individuals. For tort liability to exist, four elements must be present: a duty to use due care, a breach of that duty, a direct causal relationship between the conduct complained of and the injury suffered, and proof of actual injury. Recent court cases involving tort…

Roadway related tort liability and risk management.

DOT National Transportation Integrated Search

2010-06-01

This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

Torts Liability for Strike Action and Third Party Rights.

ERIC Educational Resources Information Center

Raday, Frances

1979-01-01

Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

Institutional Liability for Student Activities and Organizations.

ERIC Educational Resources Information Center

Richmond, Douglas R.

1990-01-01

Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

An examination of tort liability issues connected with release of arrested, intoxicated DWI offenders

DOT National Transportation Integrated Search

1977-06-01

The authors have studied the legal issues concerning a non-jail option for DWI offenders and they explore the risks such procedures have for enforcement agencies. The report examines the tort liability of such agencies if a released offender crashes ...

How Teachers Can Avoid Being Sued: Law and American Education.

ERIC Educational Resources Information Center

Greene, Jim

This paper explores what teachers can do to avoid potential lawsuits. Section 1 describes different types of laws for public and private schools. Section 2 discusses tort liability. Section 3 presents legal principles that apply to educators (in loco parents, intentional torts, strict liability, negligence, foreseeability, assigned duties,…

Tort Liability.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

This chapter summarizes recent state supreme court and federal court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1975 and reported in the General Digest as of March 1976, although a few 1974 cases not treated in the 1975 yearbook are also…

Tort Liability.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

This chapter summarices and analyzes all state supreme court and federal court decisions as well as other significant court decisions involving the tort liability of school districts and school personnel. The cases discussed are generally limited to those decided during 1974 and reported in the General Digest on or before March 1, 1975. In his…

Risk, statistical inference, and the law of evidence: the use of epidemiological data in toxic tort cases.

PubMed

Brannigan, V M; Bier, V M; Berg, C

1992-09-01

Toxic torts are product liability cases dealing with alleged injuries due to chemical or biological hazards such as radiation, thalidomide, or Agent Orange. Toxic tort cases typically rely more heavily than other product liability cases on indirect or statistical proof of injury. There have been numerous theoretical analyses of statistical proof of injury in toxic tort cases. However, there have been only a handful of actual legal decisions regarding the use of such statistical evidence, and most of those decisions have been inconclusive. Recently, a major case from the Fifth Circuit, involving allegations that Benedectin (a morning sickness drug) caused birth defects, was decided entirely on the basis of statistical inference. This paper examines both the conceptual basis of that decision, and also the relationships among statistical inference, scientific evidence, and the rules of product liability in general.

Civil Liability of Teachers for Injuries to Students, and Other Torts.

ERIC Educational Resources Information Center

Brown, R. A.

1986-01-01

Addresses issues involving the tort liability of Australian teachers. Explores broad interpretations of negligence, such as giving students incorrect information or negligent advice resulting in some physical or economic damage to the student. Exhorts teachers to provide their charges with the best advice possible for their individual development.…

Torts

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines cases reported during 1988 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Negligence is the most common tort alleged to have been committed by school personnel. In the area of products liability, the largest…

Teaching about Tort Law--My Actions, My Actions, Somebody Got Hurt!

ERIC Educational Resources Information Center

Rose, Stephen A.

1997-01-01

Presents a lesson plan that uses cases to teach students about three types of torts: intentional wrongs, negligence, and strict liability. Torts are wrongful actions (not involving a breech of contract) that may result in a civic action. Includes lesson procedures, objectives, and student handouts on torts and negligence cases. (MJP)

Crime on Campus: Institutional Tort Liability for the Criminal Acts of Third Parties.

ERIC Educational Resources Information Center

Raddatz, Anita

To aid colleges and universities in protecting students and other potential victims of crime, a general analysis of the pertinent case law concerning institutional tort liability for campus crime is provided. The analysis of case law explains that lawsuits are usually based on the theory of negligence. Negligence consists of four elements: duty;…

Tort and the Teacher: Some Considerations.

ERIC Educational Resources Information Center

Hammes, Richard P.

1979-01-01

This article provides teachers with an overview on tort liability as it applies to their profession, especially in relation to student injuries. Such legal concepts as tort, negligence, and in loco parentis are discussed and guidelines are drawn from selected court cases. (SJL)

Caps on malpractice awards: update.

PubMed

Allen, B L; Fischer, J E

1999-06-01

Tort reform for professional liability is in the best interests of not only all physicians, but for industry and the citizenry as a whole. The enormous sums of money donated by the Trial Lawyers Association, whose livelihood is at stake, makes initial passage of tort reform difficult and, once passed, brings it under constant attack. Even if a well-disposed legislature passes a professional liability law, state supreme courts are ever ready to invalidate such laws. Thus, once tort reform has been passed, the next battleground is the state supreme court. ACS chapters should be preparing their membership for educating the public as well as themselves as to the danger of a state supreme court comprised of members opposed to tort reform, and be prepared to help the election of those individuals who are more sympathetic to tort reform.

Court Decisions on Medical Malpractice in China After the New Tort Liability Law.

PubMed

Zhang, Kui; Li, Yuan; Fan, Fei; Liu, Xin; Deng, Zhen-Hua

2016-09-01

A new Tort Law of the People's Republic of China became effective on July 1, 2010. We undertook an analysis of medical malpractice lawsuits brought before regional courts in Beijing districts after this new Tort Liability Law went into effect. In total, 726 cases eventuating in a final verdict were collected from the Beijing district courts from 2011 to 2013 in this retrospective study; 83.7% of the 726 alleged instances of medical malpractice were confirmed to be malpractice by the final verdict. The disciplines most frequently involved with claims of medical malpractice were obstetrics and gynecology, the most frequent outcomes was death, and the most common types of case associated with malpractice was surgery related. The average length of time between the occurrence of the injury and closure of the claim was 9.2 months, and the average payment was ¥163,000. Since the introduction of the new Tort Liability Law, the average time to complete a litigation was shortened, but it has made little apparent difference otherwise.

Maternity care and liability: least promising policy strategies for improvement.

PubMed

Sakala, Carol; Yang, Y Tony; Corry, Maureen P

2013-01-01

The present liability system is not serving well childbearing women and newborns, maternity care clinicians, or those who pay for maternity care. Examination of evidence about the impact of this system on maternity care led us to identify seven aims for a high-functioning liability system in this clinical context. Herein, we identify policy strategies that are unlikely to meet the proposed criteria and contribute to needed improvements. A companion paper considers more promising strategies. We considered whether 25 strategies that have been used or proposed for improvement have met or could meet the seven aims. We used a best available evidence approach and drew on more recent empirical legal studies and health services research about maternity care and liability, when available, and considered other studies when unavailable. Fifteen strategies seem to have little potential to improve liability matters in maternity care. Despite support for capping non-economic damages, a series of studies has found a modest impact at best on maternity care. Maternity-specific studies also do not lend support to tort reforms collectively and several other specific tort reforms. Some tort alternative and liability insurance reform strategies have narrow aims and are not policy priorities. Caps on non-economic damages and other tort reforms have narrow aims and have been marginally effective at best in the context of maternity care. Several other possible reforms similarly are not promising. Continued focus on these strategies is unlikely to result in the high-performing liability system that maternity care stakeholders need. Copyright © 2013 Jacobs Institute of Women's Health. Published by Elsevier Inc. All rights reserved.

Radiology liability update: review of claims, trends, high-risk conditions and practices, and tort reform alternatives.

PubMed

Thomson, Norman B; Patel, Mohini

2012-10-01

Radiology liability claims data are reviewed to explore the risk for suit and adverse judgments or settlements among radiologists, assess high-risk imaging conditions, and identify high-risk practice issues. Possible medical malpractice tort reform options are reviewed. Copyright © 2012 American College of Radiology. Published by Elsevier Inc. All rights reserved.

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

Decisions made by federal and state courts during 1983 concerning the liability of schools, school districts, school boards, or school employees in tort cases are reported in this chapter. Torts are civil causes of action based on noncontractual legal responsibilities that individuals have to avoid harming or injuring another's person, property,…

The College Professor's Professional Liability

ERIC Educational Resources Information Center

Griggs, Walter S.; Rubin, Harvey W.

1977-01-01

The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

Tort Liability That May Attach to Intellectual Property Licensing.

ERIC Educational Resources Information Center

Norris, William R.

1979-01-01

Examined are elements that complicate the relationship between tort law and intellectual property licensing (patents): governmental regulation of products, legal standards, the evolution of tort doctrine, international law and practice, trademark, technology and patent licensing. Available from P.O. Box 2600, Arlington, VA 22202. (MSE)

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

The author notes that this chapter deals generally with torts in higher education cases. A tort is usually defined broadly to cover most wrongful civil acts, except breach of contract, that may occur between individuals. The remedy sought in a civil tort action is compensation to the injured party for the damages suffered. The areas discussed here…

Tort Liability.

ERIC Educational Resources Information Center

Delon, Floyd G.

Although the definition has its limitations, a tort is generally defined as a civil wrong, excluding breach of contract, that results in injury to another. Torts include both intentional and unintentional acts, and the resulting injuries may range from actual physical harm to damage to the individual's tangible or intangible property. If it is…

Tort Liability.

ERIC Educational Resources Information Center

McCarthy, Martha M.

A tort is defined as a civil wrong, independent of breach of contract, that results in injury to another person who is entitled to collect damages. The array of cases handed down in 1977 indicates that the tort domain of education law remains heavily litigated. This chapter shows that student injury cases continue to dominate, although…

Tort Liability of School Districts, Officers, and Employees.

ERIC Educational Resources Information Center

Hudgins, H. C., Jr.

School personnel are expected to exercise a reasonable degree of care in foreseeing and preventing accident or injury. Court challenges in this area come as tort suits--the legal recourse of an injured party against the allegedly responsible party. As previous governmental immunity erodes, tort suits against educators are increasing. This chapter…

Hospital law: the changing scene.

PubMed

Hirsh, H L

1978-01-01

The liability of hospitals in tort law has been a fairly recent development. Formerly, hospitals were protected from liability under the doctrine of charitable immunity. Legal "immunity" avoids liability in tort essentially under all circumstances. It is conferred not because of the particular facts of the situation but because of the status or position of the favored defendant. It does not deny the tort, merely the resulting liability. Such immunity does not mean that conduct that would amount to a tort on the part of other defendants is not still equally tortious in character, but merely that for the protection of the particular defendant, or of the interests which he represents, he is given absolution from liability. Similarly, the "captain-of-the-ship" and the attendant "borrowed or lent servant" doctrine is being abandoned. As medical technology continues to advance, the modern hospital will undoubtedly assume a greater responsibility toward its patients--with amplified medical-legal implications. The hospital is no longer a hotel where patients stay, awaiting treatment by their private physicians. The theory that the hospital does not act through its employees--physicians, nurses, and others--no longer reflects the trend in judicial philosophy. The decisions cited reflect the current trend in judicial analysis and thinking. Medical science has provided numerous benefits to humankind, but along with those benefits, numerous risks have accrued. Whether hospitals should have to bear the responsibilities inherent in such risks is a much-argued matter. However, hospital liability, in fact, is the trend of our judicial determination. The ramifications of this trend have been many. Hospitals and physicians will closely scrutinize surgical operations and other hospitals procedures and practices. The fact remains clear that responsibility for every patient is now shared by both the physicians and the hospital--share and share alike. The present thinking is that the liabilities can be minimized, without shifting the duties, obligations, and responsibilities, through risk management. Prevention, as always, is the best cure.

Defining a Road Safety Audits Program for Enhancing Safety and Reducing Tort Liability

DOT National Transportation Integrated Search

2000-07-01

Table of Contents: (1) Introduction; (2) Review of Safety Issues; (3) Review of Legal Liability Issues; (4) Summary of Safety and Legal Liability Issues. Prepared in cooperation with Wyoming Univ., Laramie. Dept. of Civil and Architectural Engineerin...

Governing Board and Administrator Liability. ERIC/Higher Education Research Report No. 9.

ERIC Educational Resources Information Center

Hendrickson, Robert M.; Mangum, Ronald Scott

Matters of legal liability that are of concern to institutions of higher education are discussed in some detail in language for the layman. Among the subjects discussed are: the development of charitable corporations, and immunity prerogatives; the traditional bases of legal liability; liability for the new torts, including violation of…

Children in Civil Law: The Tort of Negligence.

ERIC Educational Resources Information Center

Sheehy, N. P.; Chapman, A. J.

1984-01-01

Examines judgments involving children under the tort of negligence, using All England Law Reports for 1939 to 1983 and some cases from other countries. Discusses "contributory negligence,""parental liability,""responsibility,""allurement," and "res-ipsa loquitur." Suggests more use of developmental…

Media Tort Liability for Physical Harm: Problems in Legal Duty and Cause.

ERIC Educational Resources Information Center

Drechsel, Robert

Although the media has long been familiar with the tort law of libel and invasion of privacy, they may not be aware that the law of torts reaches more broadly. This paper examines legal developments in cases where actions of the media are alleged either to have caused the plaintiff to do something resulting in physical harm or financial loss, or…

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

Chapter 5 of a book on school law, this chapter reports the cases decided during 1979 involving tort claims in the schools. The cases are organized according to headings including negligence (with an emphasis on student injuries), educational malpractice, negligence defenses (especially common law and statutory immunity), liability insurance,…

Personal Malpractice Liability of Reference Librarians and Information Brokers.

ERIC Educational Resources Information Center

Gray, John A.

1988-01-01

Reviews common law contract and tort bases for malpractice liability and their applicability to reference librarians, special librarians, and information brokers. The discussion covers the legal bases for professional malpractice liability, the librarian-patron relationship, the likelihood of lawsuits, and the need for personal liability…

Tort reform: an issue for nurse practitioners.

PubMed

Klutz, Diane L

2004-02-01

To inform nurse practitioners (NPs) about the issues related to tort reform and its relationship to malpractice insurance costs. Current journals, newspapers, professional newsletters, and Internet sites. NPs are paying more for their malpractice premiums, and many are losing their places of employment as clinics close due to the increased cost of premiums. One method proposed for curbing the flow of monies spent on premiums and litigation is tort law reform. California serves as an example; its Medical Injury Compensation Reform Act (MICRA) tort reform law was passed 25 years ago, and it has maintained stable malpractice premiums. Other states have proposed similar laws, but some have not had similar success. To curb litigation costs, not only should tort laws be reformed, but NPs and physicians should keep abreast of current practice standards in order to provide quality medical care. Like physicians, NPs are affected directly by tort laws. These laws hold NPs accountable at the same level as physicians. In addition, many states limit NPs' practice to delegation of authority by a physician. Liability is therefore transferred from the NP to the physician and vice versa in cases of injury or wrongful act. In addition, many NPs are finding it increasingly difficult to locate insurers who will write policies for medical liability.

What's the Rush? Tort Laws and Elective Early-term Induction of Labor.

PubMed

Roth, Louise Marie

2016-12-01

Tort laws aim to deter risky medical practices and increase accountability for harm. This research examines their effects on deterrence of a high-risk obstetric practice in the United States: elective early-term (37-38 weeks gestation) induction of labor. Using birth certificate data from the Natality Detail Files and state-level data from publicly available sources, this study analyzes the effects of tort laws on labor induction with multilevel models (MLM) of 665,491 early-term births nested in states. Results reveal that caps on damages are associated with significantly higher odds of early-term induction and Proportionate Liability (PL) is associated with significantly lower odds compared to Joint and Several Liability (JSL). The findings suggest that clinicians are more likely to engage in practices that defy professional guidelines in tort environments with lower legal burdens. I discuss the implications of the findings for patient safety and the deterrence of high-risk practices. © American Sociological Association 2016.

HIV liability & disability services providers: an introduction to tort principles.

PubMed

Harvey, D C; Decker, C L

1991-08-01

Mental health and developmental disability services providers are concerned that liability issues regarding worker and client exposure to HIV have not been adequately addressed. By developing policy specifically in the areas of education, infection control practices, and confidentiality, providers may minimize findings of liability and protect patient rights.

Coaching Athletics: A Tort Just Waiting for a Judgment?

ERIC Educational Resources Information Center

Clear, Delbert K.; Bagley, Martha

1982-01-01

Discusses school boards' potential tort liability for sports injuries arising from coaches' lack of knowledge of how to prevent or treat injuries. Argues for board policies requiring that coaches be trained in handling injuries, that their skills be upgraded, and that proper practices be followed. (RW)

Playing It Safe: Part I.

ERIC Educational Resources Information Center

Penman, Kenneth A.; Niccolai, Frances R.

1985-01-01

The first of a series of articles explains the legal principles of tort liability, waiver of liability, comparative negligence, assumption of risk, and contributory negligence. Summarizes the kinds of cases going to court involving sport facility design and operation. (MLF)

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2013 CFR

2013-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2011 CFR

2011-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2010 CFR

2010-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2014 CFR

2014-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

7 CFR 1788.5 - RUS endorsement required.

Code of Federal Regulations, 2012 CFR

2012-01-01

... organization, RUS requires that the following: Endorsement Waiving Immunity From Tort Liability” be included as... Insured, the immunity of the Insured from tort liability, unless requested by the Insured to interpose such defense. 2. The Insured agrees that the waiver of the defense of immunity shall not subject the...

Liability.

ERIC Educational Resources Information Center

Hollander, Patricia A.

Recent court cases involving tort liabilities of institutions of higher education are discussed in this chapter. Issues addressed include negligence citations for injuries in physical education classes, a wrongful death suit, medical malpractice cases, and slip and fall accidents. Other cases included fraudulent misrepresentation, defamation of…

48 CFR 352.228-7 - Insurance-liability to third persons.

Code of Federal Regulations, 2012 CFR

2012-10-01

... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

48 CFR 352.228-7 - Insurance-liability to third persons.

Code of Federal Regulations, 2011 CFR

2011-10-01

... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

48 CFR 352.228-7 - Insurance-liability to third persons.

Code of Federal Regulations, 2010 CFR

2010-10-01

... represents in its offer that it is partially immune from tort liability as a State agency, the Contracting...) Alternate II (APR 1984). If the successful offeror represents in its offer that it is totally immune from...

Legal Problems of the Principal.

ERIC Educational Resources Information Center

Stern, Ralph D.; And Others

The three talks included here treat aspects of the law--tort liability, student records, and the age of majority--as they relate to the principal. Specifically, the talk on torts deals with the consequences of principal negligence in the event of injuries to students. Assurance is given that a reasonable and prudent principal will have a minimum…

The Impact of State Tort Reforms on Imaging Utilization.

PubMed

Li, Suhui; Dor, Avi; Deyo, Darwyyn; Hughes, Danny R

2017-02-01

Defensive medicine, broadly defined as medical practices that protect physicians from malpractice lawsuits without providing benefits to patients, can lead to wasteful use of health care resources and higher cost. Although physicians cite malpractice liability as an important factor driving their decisions to order imaging tests, little research has been done to examine the systematic impact of liability pressure on overall imaging. The authors examined the extent to which radiography use is influenced by malpractice liability pressure among office-based physicians. Using National Ambulatory Medical Care Survey data from 1999 to 2010, the authors used multivariate difference-in-difference logistic regression to examine the effects of different types of state tort reforms on the probability of radiography orders by primary care physicians (PCPs) and specialists. The probability that a PCP ordered radiography decreased when states enacted permanent caps on noneconomic damages (-1.0%, P < .01), periodic payment reforms (-1.6%, P < .05), and the total number of tort reforms (-0.5%, P < .05). Specialist physicians were responsive to two reforms: caps on punitive damages (-6.1%, P < .01) and the total number of medical tort laws (-1.2%, P < .01). The passage of new indirect reforms was found to reduce radiography orders for PCPs (-1.8%, P < .05), and the repeal of indirect reforms was found to increase radiography orders for specialists (+3.4%, P < .01). State tort reform seems to reduce physicians' ordering of radiography. This analysis also suggests that reforms that make it harder to sue physicians have a stronger impact than reforms that directly reduce physicians' malpractice claim payments. Copyright © 2016 American College of Radiology. Published by Elsevier Inc. All rights reserved.

Posttraumatic stress disorder in tort actions: forensic minefield.

PubMed

Sparr, L F; Boehnlein, J K

1990-01-01

The authors discuss posttraumatic stress disorder (PTSD) as a basis for personal injury litigation. Three case examples raise issues related to: (1) the controversy surrounding expansion of tort liability, (2) the courtroom use of psychiatric nomenclature as represented in the DSM (e.g., PTSD), and (3) ethical concerns regarding psychiatric expert witnesses. Psychiatrists became easy targets when problems related to personal injury "stress" cases developed. A careful analysis, however, demonstrates that the issues are complex and multifaceted. For example, tort liability expansion was primarily instituted to compel a greater provision of liability insurance, not to reward stress claims. The increasing use of psychiatry's DSM in the courtroom has occurred despite explicit precautions against forensic application. Finally, the need for psychiatric expert witnesses has increased because courts have gradually usurped some psychiatric clinical prerogatives and because there has been a trend toward greater consideration of emotional pain and suffering. Although psychiatric expert witnesses have not been beyond reproach, critics have attempted to impeach the entire psychiatric profession for the questionable actions of the minority. The authors provide a detailed analysis of current problems, offer suggestions for improvement, and provide an educational counterpoint to the "hysterical invective" that often greets psychiatric testimony.

32 CFR 750.25 - Scope of liability.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Scope of liability. 750.25 Section 750.25... Federal Tort Claims Act § 750.25 Scope of liability. (a) Territorial limitations. The FTCA does not apply... 46 U.S.C. 741-752 or 781-790. Claims under the Death on the High Seas Act (46 U.S.C. 761), however...

Legal Liability in the Gymnasium.

ERIC Educational Resources Information Center

Oregon State Dept. of Education, Salem.

The legal system has significantly influenced the everyday operation of American public schools in the last 20 years. Because of the increasing probability of teacher involvement in a legal incident, a working knowledge of the law as it relates to physical education is important. Included in this document, which focuses on tort liability for…

Legal Issues Affecting Faculty and Administration in Higher Education.

ERIC Educational Resources Information Center

Peach, Larry E.; Reddick, Thomas L.

Legal aspects of college teaching and administration are discussed. The faculty and college are liable by tort law for students in three ways: intentional acts or interference, strict liability, and negligence. Intentional acts include improperly installed or dangerous equipment, while strict liability cases usually occur where fault is not…

Student Injuries at School: Who Is Responsible? You Be the Judge.

ERIC Educational Resources Information Center

Diamantes, Thomas; Roby, Douglas E.

2000-01-01

Reviews the concepts of negligence and "tort liability." Outlines briefly 10 legal cases that can be useful in explaining what the liability issues are for today's educators with regard to students who are injured while in school. Outlines six steps school officials should take to avoid negligence. (SR)

Negligence--When Is the Principal Liable? A Legal Memorandum.

ERIC Educational Resources Information Center

Stern, Ralph D., Ed.

Negligence, a tort liability, is defined, discussed, and reviewed in relation to several court decisions involving school principals. The history of liability suits against school principals suggests that a reasonable, prudent principal can avoid legal problems. Ten guidelines are presented to assist principals in avoiding charges of negligence.…

Malpractice risk and cost are significantly reduced after tort reform.

PubMed

Stewart, Ronald M; Geoghegan, Kathy; Myers, John G; Sirinek, Kenneth R; Corneille, Michael G; Mueller, Deborah; Dent, Daniel L; Wolf, Steven E; Pruitt, Basil A

2011-04-01

Rising medical malpractice premiums have reached a crisis point in many areas of the United States. In 2003 the Texas legislature passed a comprehensive package of tort reform laws that included a cap at $250,000 on noneconomic damages in most medical malpractice cases. We hypothesized that tort reform laws significantly reduce the risk of malpractice lawsuit in an academic medical center. We compared malpractice prevalence, incidence, and liability costs before and after comprehensive state tort reform measures were implemented. Two prospectively maintained institutional databases were used to calculate and characterize malpractice risk: a surgical operation database and a risk management and malpractice database. Risk groups were divided into pretort reform (1992 to 2004) and post-tort reform groups (2004 to the present). Operative procedures were included for elective, urgent, and emergency general surgery procedures. During the study period, 98,513 general surgical procedures were performed. A total of 28 lawsuits (25 pre-reform, 3 postreform) were filed, naming general surgery faculty or residents. The prevalence of lawsuits filed/100,000 procedures performed is as follows: before reform, 40 lawsuits/100,000 procedures, and after reform, 8 lawsuits/100,000 procedures (p < 0.01, relative risk 0.21 [95% CI 0.063 to 0.62]). Virtually all of the liability and defense cost was in the pretort reform period: $595,000/year versus $515/year in the postreform group (p < 0.01). Implementation of comprehensive tort reform in Texas was associated with a significant decrease in the prevalence and cost of surgical malpractice lawsuits at one academic medical center. Copyright © 2011. Published by Elsevier Inc.

Sovereign immunity: Principles and application in medical malpractice.

PubMed

Suk, Michael

2012-05-01

Tort law seeks accountability when parties engage in negligent conduct, and aims to compensate the victims of such conduct. An exception to this general rule governing medical negligence is the doctrine of sovereign immunity. Historically, individuals acting under the authority of the government or other sovereign entity had almost complete protection against tort liability. This article addressed the following: (1) the development of sovereign immunity in law, (2) the lasting impact of the Federal Tort Claims Act on sovereign immunity, and (3) the contemporary application of sovereign immunity to medical malpractice, using case examples from Virginia and Florida. I performed an Internet search to identify sources that addressed the concept of sovereign immunity, followed by a focused search for relevant articles in PubMed and LexisNexis, literature databases for medical and legal professionals, respectively. Historically, sovereign liability conferred absolute immunity from lawsuits in favor of the sovereign (ie, the government). Practical considerations in our democratic system have contributed to an evolution of this doctrine. Understanding sovereign immunity and its contemporary application are of value for any physician interested in the debate concerning medical malpractice in the United States. Under certain circumstances, physicians working as employees of the federal or state government may be protected against individual liability if the government is substituted as the defendant.

Sports Law: Tort Liability of the College and University Athletic Department Administrator.

ERIC Educational Resources Information Center

Nolte, M. Chester

A tort is an actionable wrong, other than breach of contract, that the courts will recognize and intervene to equalize. There are three questions the court will ask: Did someone owe someone else a duty? Was there a breach of duty owed? Was the breach the proximate cause of the plaintiff's injury? The grounds for injury actions may be classified as…

Report of the Tort Policy Working Group on the Causes, Extent and Policy Implications of the Current Crisis in Insurance Availability and Affordability.

ERIC Educational Resources Information Center

Department of Justice, Washington, DC.

Causes and implications of the crisis in liability insurance availability and affordability are discussed in this report. The working group concluded that tort law is a major issue in the insurance crisis and that the federal government can address that issue. The group also concluded that the federal government can do little to remedy other…

The School District's Liability in Cases of Violent Attacks on Students and Employees.

ERIC Educational Resources Information Center

Maze, Jerry G.

The school's responsibility to provide a safe learning environment for students is examined in this paper. Failure to take preventative measures may result in loss of government tort immunity and charges of negligence liability. A review of case law indicates a trend toward successful litigation by plaintiffs against school districts--a decline in…

HIV Liability & Disability Services Providers: An Introduction to Tort Principles. AIDS Technical Report, No. 2.

ERIC Educational Resources Information Center

Harvey, David C.; Decker, Curtis L.

This technical report is part of a series on AIDS/HIV (Acquired Immune Deficiency Syndrome/Human Immunodeficiency Virus) and is intended to help link various legal advocacy organizations providing services to persons with mental illness or developmental disabilities. This report focuses on liability issues from worker and client exposure to HIV.…

Minimizing liability during internal investigations.

PubMed

Morris, Cole

2010-01-01

Today's security professional must appreciate the potential landmines in any investigative effort and work collaboratively with others to minimize liability risks, the author points out. In this article he examines six civil torts that commonly arise from unprofessionally planned or poorly executed internal investigations-defamation, false imprisonment. intentional infliction of emotional distress, assault and battery, invasion of privacy, and malicious prosecution and abuse of process.

Litigation and Liabilities: Issues in Nonpublic Schools (Negligent Hiring and Retention and Employer Liability).

ERIC Educational Resources Information Center

Perrotta, Robert A.

The torts of negligent hiring and negligent retention occur when an employer breaches a duty in hiring or retaining an employee who is incompetent or unfit for the job to which the employee is assigned; and consequently, the actions of that employee proximately cause injuries to a third party. This paper examines legal issues regarding negligent…

Evaluating the medical malpractice system and options for reform.

PubMed

Kessler, Daniel P

2011-01-01

The U.S. medical malpractice liability system has two principal objectives: to compensate patients who are injured through the negligence of healthcare providers and to deter providers from practicing negligently. In practice, however, the system is slow and costly to administer. It both fails to compensate patients who have suffered from bad medical care and compensates those who haven't. According to opinion surveys of physicians, the system creates incentives to undertake cost-ineffective treatments based on fear of legal liability--to practice "defensive medicine." The failures of the liability system and the high cost of health care in the United States have led to an important debate over tort policy. How well does malpractice law achieve its intended goals? How large of a problem is defensive medicine and can reforms to malpractice law reduce its impact on healthcare spending? The flaws of the existing system have led a number of states to change their laws in a way that would reduce malpractice liability--to adopt "tort reforms." Evidence from several studies suggests that wisely chosen reforms have the potential to reduce healthcare spending significantly with no adverse impact on patient health outcomes.

It is easier to confuse a jury than convince a judge: the crisis in medical malpractice.

PubMed

Epstein, Nancy E

2002-11-15

A study of cervical spine malpractice cases was conducted. Identifying tort reform models may help to resolve a crisis in medical malpractice. To identify tort reform models that may help to resolve a crisis in medical malpractice. Medical malpractice faces a crisis. Insurance rates are exorbitant, yet many injured patients go uncompensated. Physicians practice defensive medicine for fear of suits, and society pays the price. Using, 36 malpractice cases involving cervical spine surgery were identified: 20 from California ($250,000 cap on pain and suffering) and 16 from New York ("the sky's the limit"). Queries included who sued, who was sued, who won, who lost, and why? Six different tort reform models also were identified and explored. Common bases for suits included failure to diagnose and treatment (56%), lack of informed consent (64%), new neurologic deficits (64%), and pain and suffering (72%). All of the six plaintiff verdicts (average, $4.42 million) and four of the nine settlements (average, $1.6 million) involving surgery that resulted in new postoperative quadriplegia appeared to be appropriate. However, the author could discern "no fault" in cases five defendants had settled, and the surgeons did not deserve to lose. On the other hand, the author found "fault" in five defense verdicts rendered to three newly quadriplegic patients and two with new postoperative root injuries. These patients deserved monetary awards, but received no compensation whatsoever. There currently are two models that would work better than the system in place in most states. These include the American Medical Association National Specialty Societies Medical Liability Project with the Alternative Dispute Resolution Model (SSMLP), and the Selective No Fault Models. Among the advantages shared by one or more of these models is their ability to reimburse injured patients while eliminating physician liability, to use malpractice panels rather than trials, and to put a cap on damages. To solve the medical malpractice crisis, Congress, the individual states, or both should adopt tort reform. Two tort reform models compensating injured patients and eliminating physician liability appear to be not only effective but also fair to all concerned parties.

26 CFR 1.382-9 - Special rules under section 382 for corporations under the jurisdiction of a court in a title 11...

Code of Federal Regulations, 2011 CFR

2011-04-01

... tax liability; a liability arising from a past or present employment relationship, a past or present business relationship with a supplier, customer, or competitor of the loss corporation, a tort, a breach of... the investment decision of each member is based upon the investment decision of one or more other...

Liability for Personal Injury Caused by Defective Medical Computer Programs

PubMed Central

Brannigan, Vincent M.

1980-01-01

Defective medical computer programs can cause personal injury. Financial responsibility for the injury under tort law will turn on several factors: whether the program is a product or a service, what types of defect exist in the product, and who produced the program. The factors involved in making these decisions are complex, but knowledge of the relevant issues can assist computer personnel in avoiding liability.

Liability and Safety in Physical Education and Sport: A Practitioner's Guide to the Legal Aspects of Teaching and Coaching in Elementary and Secondary Schools.

ERIC Educational Resources Information Center

Hart, James E.; Ritson, Robert J.

Physical education and athletic staffs have numerous opportunities to become entangled in legal disputes. The information in this guide offers guidance for safer athletic programs and management of risk while reinforcing sound educational practice. The guide provides an overview of tort liability and negligence theory, followed by a discussion of…

Crime on Campus: Analyzing and Managing the Increasing Risk of Institutional Liability. The Publication Series.

ERIC Educational Resources Information Center

Burling, Philip

This monograph reviews a college or university's responsibility for incidents of crime occurring on its campus or in the course of its programs. Part 1 reviews the legal analyses which courts undertake in responding to claims that, under common tort law or contract theories, liability for the injuries suffered by a person ought to be shifted from…

Advanced traffic management systems tort liability

DOT National Transportation Integrated Search

2000-08-01

This Study represents a cooperative effort among the Office of the Secretary of Transportation, Federal Highway Administration (FHWA) as staff, and other Department modal administrations with freight responsibilities. A companion document, the 1997 F...

Liability of professional and volunteer mental health practitioners in the wake of disasters: a framework for further considerations.

PubMed

Abdel-Monem, Tarik; Bulling, Denise

2005-01-01

Qualified immunity from civil liability exists for acts of disaster mental health (DMH) practitioners responding to disasters or acts of terrorism. This article reviews current legal regimens dictating civil liability for potentially wrongful acts of DMH professionals and volunteers responding to disasters. Criteria are proposed to inform determinations of civil liability for DMH workers in disaster response, given current legal parameters and established tort law in relevant areas. Specific considerations are examined that potentially implicate direct liability of DMH professionals and volunteers, and vicarious liability of DMH supervisors for actions of volunteer subordinates. The relevance of pre-event DMH planning and operationalization of the plan post-event is linked to considerations of liability. This article concludes with recommendations to minimize liability exposure for DMH workers in response efforts.

Let's make a deal: trading malpractice reform for health reform.

PubMed

Sage, William M; Hyman, David A

2014-01-01

Physician leadership is required to improve the efficiency and reliability of the US health care system, but many physicians remain lukewarm about the changes needed to attain these goals. Malpractice liability-a sore spot for decades-may exacerbate physician resistance. The politics of malpractice have become so lawyer-centric that recognizing the availability of broader gains from trade in tort reform is an important insight for health policy makers. To obtain relief from malpractice liability, physicians may be willing to accept other policy changes that more directly improve access to care and reduce costs. For example, the American Medical Association might broker an agreement between health reform proponents and physicians to enact federal legislation that limits malpractice liability and simultaneously restructures fee-for-service payment, heightens transparency regarding the quality and cost of health care services, and expands practice privileges for other health professionals. There are also reasons to believe that tort reform can make ongoing health care delivery reforms work better, in addition to buttressing health reform efforts that might otherwise fail politically.

Medical jurisprudence in the local context.

PubMed

Rajah, K S

1987-04-01

Medical jurisprudence in the local context would require the examination of a wide area. This paper focuses on liability producing conduct arising from the providing of medical services, other than liability for criminal negligent conduct. It examines the circumstances in which the physician-patient relationship emerges, in medical jurisprudence as against practice by medical practitioners. Tort law is the dominant legal theory, and reference is made to some intentional and miscellaneous torts. Implied contracts creating the relationship are touched upon, besides the reference to vicarious liability. Insanity and diminished responsibility in the criminal law, particularly the issue of whether the status quo is satisfactory and reliance on medical reports for purposes of treatment under drug laws are examined. Where abortion is performed, the question whether the husband has any right to prevent his wife from having a lawful abortion is discussed in the local context. Some thoughts on the medical (therapy, education and research) Act 1972 are expressed in relation to the living body, the corpse and the parts of the human body. The patient's right to determination and information in the light of the above legislation is also discussed.

Dispensing Medical Countermeasures: Emergency Use Authorities and Liability Protections

PubMed Central

2015-01-01

The Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 (PAHPRA) enhances emergency use authorities with respect to both approved and unapproved medical countermeasures (MCMs). PAHPRA authorities can also be critical to preserving tort liability protections for public health stakeholders, since these protections are often contingent upon appropriate authorizations for the MCMs utilized. This article details the evolution of emergency use authorities and liability protections, analyzes how these separate legal doctrines can intersect in practice, and discusses implications for facilitating preparedness and response activities and for protecting associated personnel. PMID:25813980

State tort reforms and hospital malpractice costs.

PubMed

Ellington, Charles R; Dodoo, Martey; Phillips, Robert; Szabat, Ronald; Green, Larry; Bullock, Kim

2010-01-01

This study explored the relation between state medical liability reform measures, hospital malpractice costs, and hospital solvency. It suggests that state malpractice caps are desirable but not essential for improved hospital financial solvency or viability.

Advanced Vehicle Control Systems Potential Tort Liability For Developers

DOT National Transportation Integrated Search

1993-12-01

AUTOMOBILE ACCIDENTS AVOIDED BECAUSE THE AUTOMATIC COLLISION AVOIDANCE SYSTEM APPLIES THE BRAKES, HIGHWAYS WHICH ACCOMMODATE MORE VEHICLES WITH FEWER ACCIDENTS, AND EVEN CARS WHICH ARE PILOTED ENTIRELY BY SOPHISTICATED ELECTRONIC SYSTEMS -- ALL OF TH...

Risk Management in Cocurricular Activities.

ERIC Educational Resources Information Center

Webb, Edward M.

1988-01-01

Discusses risk management for colleges' cocurricular activities. Discusses tort liability, contributory negligence, and assumption of risk. Provides six concrete steps for managing risks responsibly and professionally: adopting an educational mission statement, assigning risk to others, establishing safety standards, training club advisors,…

EMAC Volunteers: Liability and Workers’ Compensation

PubMed Central

Lopez, Wilfredo; Kershner, Stacie P.; Penn, Matthew S.

2015-01-01

The Emergency Management Assistance Compact (EMAC) provides a mechanism for states to assist each other during natural disasters and other emergencies. Congress ratified EMAC in 1996, and all 50 states and 3 territories have adopted it. EMAC allows a state affected by a disaster to request personnel and materiel from another state. For personnel requests, EMAC provides that the requesting state cover the tort liability and the responding state cover the workers’ compensation liability. This article discusses the limitations of EMAC in deploying volunteers and how the Uniform Emergency Volunteer Health Practitioners Act and other provisions address those limitations. PMID:24041195

Safer construction and maintenance practices to minimize potential liability by counties from accidents.

DOT National Transportation Integrated Search

1979-09-01

Tort claims resulting from alleged highway defects have introduced : an additional element in the planning, design, construction, and maintenance : of highways. A survey of county governments in Iowa was undertaken : in order to quantify the magnitud...

Biotrespass

ERIC Educational Resources Information Center

de Beer, Jeremy

2007-01-01

As the sciences of biotechnology, synthetic biology, and nanotechnology develop, questions about liability for harms caused by self-replicating inventions will arise increasingly often. Although negligence, nuisance, and other torts may be relevant in such circumstances, trespass may be the more appropriate cause of action. First, the author…

Permitting product liability litigation for FDA-approved drugs and devices promotes patient safety.

PubMed

Kesselheim, A S

2010-06-01

In 2008 and 2009, the Supreme Court reviewed the question of whether patients injured by dangerous prescription drugs or medical devices can bring tort lawsuits against pharmaceutical and device manufacturers. The Court ruled that claims against device manufacturers were preempted while claims against pharmaceutical manufacturers were not. The threat of product liability lawsuits promotes patient safety by encouraging manufacturers to take greater responsibility in providing clear warnings about known adverse effects of their products.

Jurisdiction and applicable law in cases of damage from space in Europe—The advent of the most suitable choice—Rome II

NASA Astrophysics Data System (ADS)

Smith, Lesley Jane; Doldirina, Catherine

2010-01-01

Liability for space activities is a much discussed subject and the advent of commercial space operations has only added to its importance. Articles VI and VII Outer Space Treaty, together with Articles II and III Liability Convention, remain the main entry level for state liability for damage arising from private space activities. Few space-faring nations have introduced national space statutes that include a flow down of their international obligations. The European Union (EU) Regulation on the law applicable to non-contractual obligations—hereinafter Rome II Regulation—could harbour developments for liability law in the context of damage resulting from space operations. Space activities were not the main focus of the Regulation but may well turn out to be an interesting spin-off. The Regulation prescribes general rules that will determine the law applicable to damage scenarios where more than one legal system applies. It is important for trans-national tort cases in that it does not limit the rules of applicable law to EU Member States only. This paper focuses on the common rules applicable to damage actions based on torts or other non-contractual obligations as they apply to damage caused by space activities. After an assessment of the relevant international and national law norms, the impact of the Rome II Regulation will be addressed.

Overcoming Legal Liability Concerns for School-Based Physical Activity Promotion

PubMed Central

Zimmerman, Sara; Kramer, Karen

2013-01-01

Schools have been identified as a priority environment for physical activity promotion as a component of efforts to help prevent childhood obesity. A variety of school-based environmental and programmatic strategies have been proven effective in promoting physical activity both on-site and in the surrounding community. However, many schools are deterred by fears of increased risk of legal liability for personal injuries. We examine 3 school-based strategies for promoting physical activity—Safe Routes to School programs, joint use agreements, and playground enhancement—from a tort liability perspective, and describe how schools can substantially minimize any associated liability risk through injury prevention and other strategies. We also recommend approaches to help schools overcome their liability concerns and adopt these critically needed healthy school policies. PMID:24028226

Gymnastics Safety and The Law.

ERIC Educational Resources Information Center

Dailey, Bob

Data collected from the National Electronic Injury Surveillance System (NEISS) and 26 tort liability cases are examined as a basis for recommendations for gymnastics instructors, supervisors, and administrators. Tables supply supportive statistics for a discussion of gymnastics injuries classified by sex, body part injured, severity, and…

Prevention of hospital liability for granting privileges to unqualified physicians.

PubMed

Sundermeyer, M S; Murphy, P A

1995-04-01

The rise in medical malpractice claims has resulted in the widespread development of risk management programs. These programs have relevance to the practice of gastrointestinal endoscopy with regard to identifying and addressing factors that place the gastrointestinal endoscopist and his or her patient at risk for procedure-related complications and adverse outcomes. Illustrative clinical examples and commentary regarding gastrointestinal endoscopy as it relates to the tort of professional liability are provided. Recommendations regarding gastrointestinal risk management are formulated.

An action plan for risk management in the Virginia Department of Transportation : final report.

DOT National Transportation Integrated Search

1991-01-01

In part 3 of a three-phase effort, the Virginia Transportation Research Council was requested by the Virginia Department of Transportation (VDOT) to develop a comprehensive risk management system to confront the threat of tort liability caused by tra...

Tort reform and "smart" highways : are liability concerns impeding the development of cost-effective intelligent vehicle-highway systems? : final report.

DOT National Transportation Integrated Search

1994-01-01

Highly automated vehicles and highways--which permit higher travel speeds, narrower lanes, smaller headways between vehicles, and optimized routing (collectively called intelligent vehicle-highway systems or IVHS)-- have been generally conceded to be...

Student Suicide: Could You Be Held Liable?

ERIC Educational Resources Information Center

Taylor, Kelley R.

2001-01-01

Two legal theories inspire suicide-related lawsuits: tort claims of negligence and constitutional claims based on due process. A well-known case illustrates a middle-schooler's suicide and a district's negligence. Liability factors include duty, foreseeability, special relationship, danger creation, and immunity/contributory negligence. (MLH)

Monitoring Patient Drug Profiles and the Legal Liability of the Pharmacist

ERIC Educational Resources Information Center

Salisbury, Rupert

1976-01-01

With consideration given to tort law, specifically Negligence, the author analyzes the standard of care, determines what factors may alter the standard, and suggests how the standard of care may vary with the advent of new developments in any field. (LBH)

Diagnostic imaging rates for head injury in the ED and states' medical malpractice tort reforms.

PubMed

Smith-Bindman, Rebecca; McCulloch, Charles E; Ding, Alexander; Ding, Alex; Quale, Christopher; Chu, Philip W

2011-07-01

Physicians' fears of being sued may lead to defensive medical practices, such as ordering nonindicated medical imaging. We investigated the association between states' medical malpractice tort reforms and neurologic imaging rates for patients seen in the emergency department with mild head trauma. We assessed neurologic imaging among a national sample of 8588 women residing in 10 US states evaluated in an emergency setting for head injury between January 1, 1992, and December 31, 2001. We assessed the odds of imaging as it varied by the enactment of medical liability reform laws. The medical liability reform laws were significantly associated with the likelihood of imaging. States with laws that limited monetary damages (odds ratio [OR], 0.63; 95% confidence interval [CI], 0.40-0.99), mandated periodic award payments (OR, 0.64; 95% CI, 0.43-0.97), or specified collateral source offset rules (OR, 0.62; 95% CI, 0.40-0.96) had an approximately 40% lower odds of imaging, whereas states that had laws that limited attorney's contingency fees had significantly higher odds of imaging (OR, 1.5; 95% CI, 0.99-2.4), compared to states without these laws. When we used a summation of the number of laws in place, the greater the number of laws, the lower the odds of imaging. In the multivariate analysis, after adjusting for individual and community factors, the total number of laws remained significantly associated with the odds of imaging, and the effect of the individual laws was attenuated, but not eliminated. The tort reforms we examined were associated with the propensity to obtain neurologic imaging. If these results are confirmed in larger studies, tort reform might mitigate defensive medical practices. Copyright © 2011 Elsevier Inc. All rights reserved.

The Law of Higher Education and the Courts: 1994 in Review.

ERIC Educational Resources Information Center

Robinson, John H.; Pieronek, Catherine

1996-01-01

The review of 1994 judicial pronouncements on the law of higher education reports on and discusses cases addressing the First Amendment, invasion of privacy, tort liability, immunities, civil procedure, access to records and meetings, funding, employment, disciplinary decision, discrimination against students, intercollegiate athletics, and…

Educators' Negligence: What, Why, and Who's Responsible?

ERIC Educational Resources Information Center

Dunklee, Dennis R.; Shoop, Robert J.

1988-01-01

The authors define negligence and cite specific examples where teachers were found accountable for their negligent actions related to their profession. They report results of an informal study of teacher knowledge of tort liability that indicate educators should be more knowledgeable about education law. Recommendations are included. (CH)

Chemistry, Courtrooms, and Common Sense. Part I: Negligence and Duty.

ERIC Educational Resources Information Center

Gass, J. Ric

1990-01-01

Discussed are concepts involved in legal liability for laboratory accidents. The focus of this article is on negligence, duty, and responsibility issues. Highlighted are the basis of a lawsuit, negligent tort, duty and breech of duty, and cause and harm. Thirty-one cases are cited. (CW)

Trends in Defamation Law: Let the Advisor Beware.

ERIC Educational Resources Information Center

King, Robert D.

1992-01-01

Although most lawsuits brought by students against a college are grounded on contract and due process theories, courts have been willing to consider students' defamation suits using tort theories. Recent changes in defamation law have engendered increased litigation and risk of liability for faculty and advisors. (Author/MSE)

Defamation and Freedom of the Press

ERIC Educational Resources Information Center

Keeton, W. Page

1976-01-01

The English and American defamation principles are compared, including the various privileges to defame and defenses to liability. The author, a professor of law in torts, suggests that the law of defamation can be simplified without upsetting the proper balance between protecting personal reputations and encouraging the free interchange of ideas.…

Faculty Tort Liability for Libelous Student Publications

ERIC Educational Resources Information Center

Stevens, George E.

1976-01-01

Examines recent court cases to determine whether a school administrator or faculty advisor may be legally responsible for defamation in a student publication. Concludes that the legal position of faculty members is unclear and recommends application of the U.S. Supreme Court's guidelines in Gertz v. Robert Welch, Inc. (JG)

48 CFR 1828.311-1 - Contract clause.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 48 Federal Acquisition Regulations System 6 2010-10-01 2010-10-01 true Contract clause. 1828.311-1 Section 1828.311-1 Federal Acquisition Regulations System NATIONAL AERONAUTICS AND SPACE ADMINISTRATION... its offer that it is totally immune from tort liability as a State agency or as a charitable...

Tort liability : a handbook for employees of the Virginia Department of Transportation and Virginia municipal corporations, May 2003.

DOT National Transportation Integrated Search

2003-01-01

Transportation agencies and their employees have always been concerned with providing safe roadways for the public. In recent years, the concern for safety has expanded to include concerns about the high cost of suits brought by those who have suffer...

The Legal Risks of Social Responsibility.

ERIC Educational Resources Information Center

Drechsel, Robert E.

By scrutinizing the extensive and growing literature on media ethics and media codes, as well as the current history of litigation in libel cases, this paper analyzes the risks presented by journalistic social responsibility in the context of expanding tort liability for what might loosely be called journalistic malpractice. Following a review of…

A Quantitative Analysis of Arkansas Principals' Knowledge of School Law

ERIC Educational Resources Information Center

Smith, Christy Lack

2010-01-01

The purpose of the study was to quantify the legal knowledge of Arkansas public school principals in seven areas: Arkansas law, constitutional issues, discipline, employee relations, federal law, special education/504, and tort liability and determine if significant relationships existed between legal knowledge recency of school law training,…

Some legal concerns with the use of crowd-sourced Geospatial Information

NASA Astrophysics Data System (ADS)

Cho, George

2014-06-01

Volunteered geographic Information (VGI), citizens as sensors, crowd-sourcing and 'Wikipedia' of maps have been used to describe activity facilitated by the Internet and the dynamic Web 2.0 environment to collect geographic information (GI). Legal concerns raised in the creation, assembly and dissemination of GI by produsers include: quality, ownership and liability. In detail, accuracy and authoritativeness of the crowd-sourced GI; the ownership and moral rights to the information, and contractual and tort liability are key concerns. A legal framework and governance structure may be necessary whereby technology, networked governance and provision of legal protections may be combined to mitigate geo-liability as a 'chilling' factor in VGI development.

Tort Liability in the Classroom, the Science Lab, and on the Playground.

ERIC Educational Resources Information Center

DeMitchell, Todd A.

1998-01-01

As a case involving forgotten goggles shows, negligence lawsuits take a damaging toll in terms of money, time, emotion, and self-worth. Educators' best defense is consistently discharging their duties to students in a reasonable, prudent manner. Science teachers should secure all dangerous chemicals, provide adequate supervision, develop proper…

Legal Problems of Religious and Private Schools. Fourth Edition. Monograph Series, No. 65.

ERIC Educational Resources Information Center

Mawdsley, Ralph D.

This book addresses the legal problems faced by nonpublic schools. It is intended to help teachers and administrators recognize potential legal difficulties and to assist educators in developing preventive strategies to resolve problems before the legal system becomes involved. The text is divided into six chapters: (1) "Tort Liability";…

Tort Liability and Risk Management in Adventure Education.

ERIC Educational Resources Information Center

Rubendall, Robert L., Jr.

On the premise that the benefits of adventure education far outweigh risks in any well managed program, this document provides such programs, which stand on relatively untested ground in the eye of the law in this litigious society, with strategies for reduction of risk by controlling the nature and frequency of accidents. The first section…

13 CFR 114.104 - What evidence and information may SBA require relating to my claim?

Code of Federal Regulations, 2010 CFR

2010-01-01

... BUSINESS ADMINISTRATION ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND... relevant to the government's alleged liability or the damages you claim. (c) For a claim based on death: (1) An authenticated death certificate or other competent evidence showing cause of death, date of death...

The OSHA Communication Standard and State Right-to-Know Laws.

ERIC Educational Resources Information Center

Roll, Michalene H.

1990-01-01

As a result of a 1988 federal appellate court mandate, schools and colleges in 24 states and 2 territories with OSHA-approved state plans must inform their employees about hazardous chemicals to which they may be exposed. School administrators should implement a responsible program meeting regulatory compliance, tort liability, and public…

The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services.

PubMed

Pergament, Deborah; Ilijic, Katie

2014-12-15

This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS), the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments.

The Legal Past, Present and Future of Prenatal Genetic Testing: Professional Liability and Other Legal Challenges Affecting Patient Access to Services

PubMed Central

Pergament, Deborah; Ilijic, Katie

2014-01-01

This chapter is an overview of the current status of the law in the United States regarding prenatal genetic testing with an emphasis on issues related to professional liability and other challenges affecting patient access to prenatal genetic testing. The chapter discusses the roles that federal regulations, promulgated by the Centers for Medicare and Medicaid Services (CMS), the Food and Drug Administration (FDA) and the Federal Trade Commission (FTC), play in the regulation of prenatal genetic tests. The chapter discusses tort litigation based on allegations of malpractice in the provision of prenatal genetic testing and how courts have analyzed issues related to causation, damages and mitigation of damages. The chapter provides reference information regarding how individual states address causes of action under the tort theories of wrongful birth and wrongful life. The chapter concludes with a discussion of future legal issues that may affect clinical prenatal genetic testing services arising from the continued expansion of prenatal genetic testing, legal restrictions on access to abortion and the potential development of embryonic treatments. PMID:26237611

A Modified No-fault Malpractice System Can Resolve Multiple Healthcare System Deficiencies

PubMed Central

Sacopulos, Michael

2008-01-01

Medical professional liability in the United States, as measured by total premiums paid by physicians and healthcare facilities, costs approximately $30 billion a year in direct expenses, less than 2% of the entire annual healthcare expenditures. Only a fraction of those dollars reach patients who are negligently injured. Nonetheless, the tort system has far-reaching effects that create substantial indirect costs. Medical malpractice litigation is pervasive and physicians practice defensively to avoid being named in a suit. Those extra expenditures provide little value to patients. Despite an elaborate existing tort system, patient safety remains a vexing problem. Many injured patients are denied access to timely, reasonable remedies. We propose a no-fault system supplemented by a variation of the traditional tort system whereby physicians are incentivized to follow evidence-based guidelines. The proposed system would guarantee a substantial decrease in, but not elimination of, litigation. The system would lower professional liability premiums. Injured patients would ordinarily be compensated with no-fault disability and life insurance proceeds. To the extent individual physicians pose a recurrent danger, their care would be reviewed on an administrative level. Savings would be invested in health information technology and purchase of insurance coverage for the uninsured. We propose a financial model based on publicly accessible sources. Electronic supplementary material The online version of this article (doi:10.1007/s11999-008-0577-9) contains supplementary material, which is available to authorized users. PMID:18979149

No-Fault Malpractice Insurance

PubMed Central

Bush, J. W.; Chen, M. M.; Bush, A. S.

1975-01-01

No-fault medical malpractice insurance has been proposed as an alternative to the present tort liability approach. Statistical examination of the concept of proximate cause reveals not only that the question of acceptable care, and therefore of fault, is unavoidable in identifying patients deserving compensation, but also that specifying fault in an individual case is scientifically untenable. A simple formula for a Coefficient of Causality clarifies the question of proximate cause in existing trial practices and suggests that many of the threats associated with malpractice suits arise from the structure of the tort-insurance system rather than from professional responsibility for medical injury. The concepts could provide the basis for a revised claims and compensation procedure. PMID:1146300

Decriminalisation of abortion performed by qualified health practitioners under the Abortion Law Reform Act 2008 (Vic).

PubMed

Mendelson, Danuta

2012-06-01

In 2008, the Victorian Parliament enacted the Abortion Law Reform Act 2008 (Vic) and amended the Crimes Act 1958 (Vic) to decriminalise terminations of pregnancy while making it a criminal offence for unqualified persons to carry out such procedures. The reform legislation has imposed a civil regulatory regime on the management of abortions, and has stipulated particular statutory duties of care for registered qualified health care practitioners who have conscientious objections to terminations of pregnancy. The background to, and the structure of, this novel statutory regime is examined, with a focus on conscientious objection clauses and liability in the tort of negligence and the tort of breach of statutory duty.

Accidental death and the rule of joint and several liability

PubMed Central

Carvell, Daniel; Currie, Janet; MacLeod, W. Bentley

2013-01-01

Most U.S. states have enacted JSL reform, the move from a regime of joint and several liability (JSL) that allows plaintiffs to claim full recovery from any one of multiple defendants to one where defendants are held liable only for the harm they cause. Contrary to previous theoretical work, we show that JSL reform can increase precaution by judgment proof agent by giving “deep pockets” an incentive to reduce their own liability by bringing judgment-proof agents into court. This result can help explain our empirical findings showing that JSL reform reduces death rates (and hence increase precaution) for many types of accidents. Together, these results highlight the role that litigation costs and judgment-proof agents play in the functioning of the American tort system. PMID:25076808

[Medicine aboard cruise ships--law insurance specifics].

PubMed

Ottomann, C; Frenzel, R; Muehlberger, T

2013-04-01

The booming cruise industry, associated with ships with more passengers and crew on board, results in growing medical needs for the ship doctor. The ship's doctor insurance policy includes different jurisdictions, namely national law, international law, tort law, insurance law and labor law. In addition, international agreements must be taken into account, which complicates the design of an adequate insurance policy. Equally high are the costs and defense costs for the ship's doctor in case of liability. In order to limit the liability for all parties is to ask for appropriately qualified medical staff, hired on board. © Georg Thieme Verlag KG Stuttgart · New York.

Causation's nuclear future: applying proportional liability to the Price-Anderson Act.

PubMed

O'Connell, William D

2014-11-01

For more than a quarter century, public discourse has pushed the nuclear-power industry in the direction of heavier regulation and greater scrutiny, effectively halting construction of new reactors. By focusing on contemporary fear of significant accidents, such discourse begs the question of what the nation's court system would actually do should a major nuclear incident cause radiation-induced cancers. Congress's attempt to answer that question is the Price-Anderson Act, a broad statute addressing claims by the victims of a major nuclear accident. Lower courts interpreting the Act have repeatedly encountered a major stumbling block: it declares that judges must apply the antediluvian preponderance-of-the-evidence logic of state tort law, even though radiation science insists that the causes of radiation-induced cancers are more complex. After a major nuclear accident, the Act's paradoxically outdated rules for adjudicating "causation" would make post-incident compensation unworkable. This Note urges that nuclear-power-plant liability should not turn on eighteenth-century tort law. Drawing on modern scientific conclusions regarding the invariably "statistical" nature of cancer, this Note suggests a unitary federal standard for the Price-Anderson Act--that a defendant be deemed to have "caused" a plaintiff's injury in direct proportion to the increased risk of harm the defendant has imposed. This "proportional liability" rule would not only fairly evaluate the costs borne by injured plaintiffs and protect a reawakening nuclear industry from the prospect of bank-breaking litigation, but would prove workable with only minor changes to the Price-Anderson Act's standards of "injury" and "fault."

Where Is the Malpractice Crisis Taking Us?

PubMed Central

Cooper, James K.; Egeberg, Roger O.; Stephens, Sharman K.

1977-01-01

There have been several approaches taken to solve the malpractice insurance problem in this country. However, since the cost of malpractice insurance continues to climb, the changes so far have not solved the problem, and more changes seem inevitable. A major change could be the development of a patient insurance plan that would provide compensation for certain injuries related to medical care. The insurance coverage would be centered on hospital care. If certain requirements are met, the plan may not be more expensive than the current tort liability system, and would offer several advantages. In addition to the patient injury insurance, there could be federal assumption of liability for national immunization programs. PMID:906461

Products Liability and Tort Risk Distribution in Government Contract Programs

DTIC Science & Technology

1978-09-30

IndemnityStatutes . . . . . . . . . . . . . . . . . . . . .126 E. Swine Flu Immunization Act. . . . . . . . . . . . .126 F. Teton Dam Act...handle 311 discovery and other preliminary matters. Litigation under the Swine Flu Act can be expected to continue for a number of years. F. Teton Dam ...Act On June 5, 1976, the Teton Dam collapsed in Idaho, killing 11 persons, injuring more than 100 -others and causing property 312 damage in excess of

Legal liability and workplace violence.

PubMed

Brakel, S J

1998-01-01

Workplace violence is a growing social problem. Some of this growth may be perceptual, reflecting our new awareness of what constitutes violence in the workplace. Furthermore, much of what falls under its current rubric does not correspond to the classic image of worker-on-worker or worker-on-employer mayhem. Nevertheless, the total number of incidents is alarmingly large; the problem is real. It is natural to consider law (i.e., legal liability) as a potential solution. Aiming the liability threat at the employer may be the most effective and efficient strategy. There are ample theories to choose from: negligence (tort) law, agency law, contract, civil rights, and regulatory law. Judges and juries appear eager to hold employers accountable for violent incidents in the workplace, sometimes in the face of other, more logical constructions of the facts or theory. One's best hope is that the fear this strikes in the hearts of employers will make for maximum preventive results.

Telemedicine: The legal framework (or the lack of it) in Europe

PubMed Central

Raposo, Vera Lúcia

2016-01-01

In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone. PMID:27579146

Telemedicine: The legal framework (or the lack of it) in Europe.

PubMed

Raposo, Vera Lúcia

2016-01-01

In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and telecommunications we must have in consideration Directive 95/46/EU, Directive 2000/31/EC and Directive 2002/58/EC. However, many issues still lack uniform regulation, mainly the domain of medical liability and of medical leges artis. Probably such standardization will never take place, since the European Union does not have, until now, a common set of norms regarding tort and criminal liability, much less specific legal norms on medical liability. These gaps may jeopardize a truly European internal market in health services and hamper the development of telemedicine in the European zone.

Report to Congress on the Indemnification of Contractors Performing Environmental Restoration. Appendices

DTIC Science & Technology

1994-01-07

during the course of the work. A contractor could also be subject to federal or state orders compelling the cleanup of property , -3- including...government property , contaminated during the course of work. A contractor could also be held liable for the costs of remediating sites to which hazardous...parties under a variety of traditional tort theories, including strict liability, trespass, nuisance, and negligence, for personal injury or property

Defense Department Pursuit of Insurers for Superfund Cost Recovery

DTIC Science & Technology

1992-04-01

Aug. 14, 1991). 95. See generally Greenlaw, supra note 90, at 235-52; Thomas A. Gordon & Roger Westendorf , Liability Coverage for Toxic Tort...121 103. See American Home Products, 565 F. Supp. at 1500- 03; see also supra notes 100 and accompanying text. 104. Gordon & Westendorf , supra note 95...Annotated 409 (1969 Supplement). 111. Gordon & Westendorf , supra note 95, at 575; see also Greenlaw, supra note 90, at 244; Salisbury, supra note 86, at

Administrative compensation of medical injuries: a hardy perennial blooms again.

PubMed

Barringer, Paul J; Studdert, David M; Kachalia, Allen B; Mello, Michelle M

2008-08-01

Periods in which the costs of personal injury litigation and liability insurance have risen dramatically have often provoked calls for reform of the tort system, and medical malpractice is no exception. One proposal for fundamental reform made during several of these volatile periods has been to relocate personal injury disputes from the tort system to an alternative, administrative forum. In the medical injury realm, a leading incarnation of such proposals in recent years has been the idea of establishing specialized administrative "health courts." Despite considerable stakeholder and policy-maker interest, administrative compensation proposals have tended to struggle for broad political acceptance. In this article, we consider the historical experience of administrative medical injury compensation proposals, particularly in light of comparative examples in the context of workplace injuries, automobile injuries, and vaccine injuries. We conclude by examining conditions that may facilitate or impede progress toward establishing demonstration projects of health courts.

Medical teams and the standard of care in negligence.

PubMed

Sappideen, Carolyn

2015-09-01

Medical teams are essential to the delivery of modern, patient-centred health care in hospitals. A collective model of responsibility envisaged by team care is inconsistent with common law tort liability which focuses on the individual rather than the team. There is no basis upon which a team can be liable as a collective at common law. Nor does the common law'countenance liability for the conduct of other team members absent some form of agency, vicarious liability or non-delegable duty. Despite the barriers to the adoption of a team standard of care in negligence, there is scope for team factors to have a role in determining the standard of care so that being a team player is part and parcel of what it is to be a competent professional. If this is the case, the skill set, and the standard of care expected of the individual professional, includes skills based on team models of communication, cross-monitoring and trust.

Strategies for Limiting Engineers' Potential Liability for Indoor Air Quality Problems.

PubMed

von Oppenfeld, Rolf R; Freeze, Mark E; Sabo, Sean M

1998-10-01

Engineers face indoor air quality (IAQ) issues at the design phase of building construction as well as during the investigation and mitigation of potential indoor air pollution problems during building operation. IAQ issues that can be identified are "building-related illnesses" that may include problems of volatile organic compounds (VOCs). IAQ issues that cannot be identified are termed "sick building syndrome." Frequently, microorganism-caused illnesses are difficult to confirm. Engineers who provide professional services that directly or indirectly impact IAQ face significant potential liability to clients and third parties when performing these duties. Potential theories supporting liability claims for IAQ problems against engineers include breach of contract and various common law tort theories such as negligence and negligent misrepresentation. Furthermore, an increasing number of federal, state, and local regulations affect IAQ issues and can directly increase the potential liability of engineers. A duty to disclose potential or actual air quality concerns to third parties may apply for engineers in given circumstances. Such a duty may arise from judicial precedent, the Model Guide for Professional Conduct for Engineers, or the Code of Ethics for Engineers. Practical strategies engineers can use to protect themselves from liability include regular training and continuing education in relevant regulatory, scientific, and case law developments; detailed documentation and recordkeeping practices; adequate insurance coverage; contractual indemnity clauses; contractual provisions limiting liability to the scope of work performed; and contractual provisions limiting the extent of liability for engineers' negligence. Furthermore, through the proper use of building materials and construction techniques, an engineer or other design professional can effectively limit the potential for IAQ liability.

Medical error reduction and tort reform through private, contractually-based quality medicine societies.

PubMed

MacCourt, Duncan; Bernstein, Joseph

2009-01-01

The current medical malpractice system is broken. Many patients injured by malpractice are not compensated, whereas some patients who recover in tort have not suffered medical negligence; furthermore, the system's failures demoralize patients and physicians. But most importantly, the system perpetuates medical error because the adversarial nature of litigation induces a so-called "Culture of Silence" in physicians eager to shield themselves from liability. This silence leads to the pointless repetition of error, as the open discussion and analysis of the root causes of medical mistakes does not take place as fully as it should. In 1993, President Clinton's Task Force on National Health Care Reform considered a solution characterized by Enterprise Medical Liability (EML), Alternative Dispute Resolution (ADR), some limits on recovery for non-pecuniary damages (Caps), and offsets for collateral source recovery. Yet this list of ingredients did not include a strategy to surmount the difficulties associated with each element. Specifically, EML might be efficient, but none of the enterprises contemplated to assume responsibility, i.e., hospitals and payers, control physician behavior enough so that it would be fair to foist liability on them. Likewise, although ADR might be efficient, it will be resisted by individual litigants who perceive themselves as harmed by it. Finally, while limitations on collateral source recovery and damages might effectively reduce costs, patients and trial lawyers likely would not accept them without recompense. The task force also did not place error reduction at the center of malpractice tort reform -a logical and strategic error, in our view. In response, we propose a new system that employs the ingredients suggested by the task force but also addresses the problems with each. We also explicitly consider steps to rebuff the Culture of Silence and promote error reduction. We assert that patients would be better off with a system where physicians cede their implicit "right to remain silent", even if some injured patients will receive less than they do today. Likewise, physicians will be happier with a system that avoids blame-even if this system placed strict requirements for high quality care and disclosure of error. We therefore conceive of de facto trade between patients and physicians, a Pareto improvement, taking form via the establishment of "Societies of Quality Medicine." Physicians working within these societies would consent to onerous processes for disclosing, rectifying and preventing medical error. Patients would in turn contractually agree to assert their claims in arbitration and with limits on recovery. The role of plaintiffs' lawyers would be unchanged, but due to increased disclosure, discovery costs would diminish and the likelihood of prevailing will more than triple. This article examines the legal and policy issues surrounding the establishment of Societies of Quality Medicine, particularly the issues of contracting over liability, and outlines a means of overcoming the theoretical and practical difficulties with enterprise liability, alternative dispute resolution and the imposition of limits on recovery for non-pecuniary damages. We aim to build a welfare enhancing system that rebuffs the culture of silence and promotes error reduction, a system that is at the same time legally sound, fiscally prudent and politically possible.

Professional liability. Etiology.

PubMed

White, K C

1988-03-01

Once again, I find Mr. Cooper quote-worthy for his statement, "It is incumbent upon the trial bar not to support the status quo merely because it is in our economic interest. Change is in the wind, and our tort system will be blown away on the winds of change for change's sake unless we participate in correcting deficiencies in the tort system and civil jury trial process." I suggest that we cannot ask for change for our own economic interest, nor can we lay blame exclusively to the other etiologic elements. We must improve those elements within our purview. The prayer of serenity may serve us well: God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. In the game of professional liability litigation as played by the rules extant there are clearly winners and losers. The winners are the legal profession, both plaintiff and defense, and the insurers, who in the face of adversity simply increase premiums or withdraw from the market. The losers are the medical profession, the patients for whom they care and, in the broadest sense, our society as a whole. So as not to close on a note of gloom, one last quote. Lawrence H. Cooke, former Chief Judge of New York State, in remarks to the April 1986 National Symposium on Civil Justice Issues stated, "Our justice systems are beset with very real problems.(ABSTRACT TRUNCATED AT 250 WORDS)

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.

Health Law 2015: Individuals and Populations.

PubMed

Jacobson, Peter D; Dahlen, Rachel

2016-12-01

In this article, we assess two particular trends in judicial doctrine that are likely to emerge in the post-ACA era. The first trend is the inevitable emergence of enterprise medical liability (EML) that will supplant tort law's unstable attempt to apportion liability between physicians and institutions. Arguments favoring EML in health law date back to the early 1980s. But health care's ongoing consolidation suggests that the time has arrived for courts or state legislatures to develop legal doctrine that more closely resembles the ways in which health care is now delivered. This would result in a more appropriate allocation of liability to the institutional level. The second judicial trend will be the convergence of health law and public health law concepts. Because the ACA arguably stimulates closer engagement between health systems and public health departments, health systems will have greater responsibility for keeping their communities healthy along with obligations for individual patient care (i.e., individuals and populations). If so, courts will need to incorporate elements from health law and public health law in resolving disputes. Copyright © 2016 by Duke University Press.

Communication-and-resolution programs: the challenges and lessons learned from six early adopters.

PubMed

Mello, Michelle M; Boothman, Richard C; McDonald, Timothy; Driver, Jeffrey; Lembitz, Alan; Bouwmeester, Darren; Dunlap, Benjamin; Gallagher, Thomas

2014-01-01

In communication-and-resolution programs (CRPs), health systems and liability insurers encourage the disclosure of unanticipated care outcomes to affected patients and proactively seek resolutions, including offering an apology, an explanation, and, where appropriate, reimbursement or compensation. Anecdotal reports from the University of Michigan Health System and other early adopters of CRPs suggest that these programs can substantially reduce liability costs and improve patient safety. But little is known about how these early programs achieved success. We studied six CRPs to identify the major challenges in and lessons learned from implementing these initiatives. The CRP participants we interviewed identified several factors that contributed to their programs' success, including the presence of a strong institutional champion, investing in building and marketing the program to skeptical clinicians, and making it clear that the results of such transformative change will take time. Many of the early CRP adopters we interviewed expressed support for broader experimentation with these programs even in settings that differ from their own, such as systems that do not own and control their liability insurer, and in states without strong tort reforms.

United States v. M/V Big Sam: preserving a niche for the federal common law of maritime tort of oil pollution

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

Murway, A.

1984-07-01

When the M/V Big Sam tugboat struck an oil-carrying barge in 1975, the district court held that no tort action existed, and limited the government's claim for cleanup compensation to the Federal Water Pollution Control Act (FWPCA) and a potential yield of only $15,500. The author traces the foundations of the defendant's claim that Congress intended the FWPCA to be the government's exclusive means of recovery oil cleanup costs and, citing prior case law, discusses the arguments and applies the exclusivity test to the Fifth Circuit's decision in M/V Big Sam. She concludes that the courts viewed Congress' major goalsmore » under the FWPCA to be the elimination of oil pollution and the protection of the merchant marine from potentially uninsurable risks arising out of the nation's growing environmental consciousness. Although a potential threat to the shipping and insurance companies, the court limited its ruling to third-party vessels already protected from unlimited liability. 91 references.« less

A more radical solution.

PubMed

Lachmann, Peter J

2015-01-01

The current modifications to licensing procedures still leave a basically flawed system in place. A more radical solution is proposed that involves dispensing with Phase 3 trials and making medicines available at the end of Phase 2 to those who are fully informed of the potential risks and benefits and wish to take part in this novel procedure. The advantages include a shorter development time, lower development costs and allowing smaller companies to take medicines to the clinic. The principal obstacle is that medicines are subject to strict liability rather than the tort of negligence - and this will have to be amended in due course.

Maintaining Toxic Tort Claims against the Federal Government: A Case Study of Liability Theories Defenses and Remedies

DTIC Science & Technology

1990-02-18

L FES 15 1990u 0 U Thesis directed by Arnold Winfred Reitze, Jr . Professor of Law 4’o oa v/ SECURITY CLASSiFICATION OF THIS PAGe" Form Apopved REPORT...and ZIP co*d) Wright- Patterson AFB OH 45433-6583 S& NAME OF FUNDINGI$SPONSORING 8 b. OFFICE SYMBOL 9, PROCUREMENT INSTRUMENT IOENTIFICATION NUMBER...T1~t PRM_____ TO _ 1989 1 :z3 16. SUPPILEMENTARY NOTATION AJkUVZ.L) t?( IuLIC RLEAZE lAW AFR 190-1 ERNEST A. HAYGOOD, lot Lt, USAF Executive Officer

Liability for medical malpractice--recent New Zealand developments.

PubMed

Sladden, Nicola; Graydon, Sarah

2009-03-01

Over the last 30 years in New Zealand, civil liability for personal injury including "medical malpractice" has been most notable for its absence. The system of accident compensation and the corresponding bar on personal injury claims has been an interesting contrast to the development of tort law claims for personal injury in other jurisdictions. The Health and Disability Commissioner was appointed in 1994 to protect and promote the rights of health and disability consumers as set out in the Code of Health and Disability Services Consumers' Rights. An important right in the Code, in terms of an equivalent to the common law duty to take reasonable care, is that patients have the right to services of an appropriate standard. Several case studies from the Commissioner's Office are used to illustrate New Zealand's unique medico-legal system and demonstrate how the traditional common law obligation of reasonable care and skill is applied. From an international perspective, the most interesting aspect of liability for medical malpractice in New Zealand is its relative absence - in a tortious sense anyway. This paper will give some general background on the New Zealand legal landscape and discuss recent case studies of interest.

Relationship Between Malpractice Litigation Pressure and Rates of Cesarean Section and Vaginal Birth After Cesarean Section

PubMed Central

Yang, Y. Tony; Mello, Michelle M.; Subramanian, S. V.; Studdert, David M.

2011-01-01

Background Since the 1990s, nationwide rates of vaginal birth after cesarean section (VBAC) have decreased sharply and rates of cesarean section have increased sharply. Both trends are consistent with clinical behavior aimed at reducing obstetricians’ exposure to malpractice litigation. Objective To estimate the effects of malpractice pressure on rates of VBAC and cesarean section. Research Design, Subjects, Measures We used state-level longitudinal mixed-effects regression models to examine data from the Natality Detail File on births in the United States (1991–2003). Malpractice pressure was measured by liability insurance premiums and tort reforms. Outcome measures were rates of VBAC, cesarean section, and primary cesarean section. Results Malpractice premiums were positively associated with rates of cesarean section (β = 0.15, P = 0.02) and primary cesarean section (β = 0.16, P = 0.009), and negatively associated with VBAC rates (β = −0.35, P = 0.01). These estimates imply that a $10,000 decrease in premiums for obstetrician-gynecologists would be associated with an increase of 0.35 percentage points (1.45%) in the VBAC rate and decreases of 0.15 and 0.16 percentage points (0.7% and 1.18%) in the rates of cesarean section and primary cesarean section, respectively; this would correspond to approximately 1600 more VBACs, 6000 fewer cesarean sections, and 3600 fewer primary cesarean sections nationwide in 2003. Two types of tort reform—caps on noneconomic damages and pretrial screening panels—were associated with lower rates of cesarean section and higher rates of VBAC. Conclusions The liability environment influences choice of delivery method in obstetrics. The effects are not large, but reduced litigation pressure would likely lead to decreases in the total number cesarean sections and total delivery costs. PMID:19169125

Relationship between malpractice litigation pressure and rates of cesarean section and vaginal birth after cesarean section.

PubMed

Yang, Y Tony; Mello, Michelle M; Subramanian, S V; Studdert, David M

2009-02-01

Since the 1990s, nationwide rates of vaginal birth after cesarean section (VBAC) have decreased sharply and rates of cesarean section have increased sharply. Both trends are consistent with clinical behavior aimed at reducing obstetricians' exposure to malpractice litigation. To estimate the effects of malpractice pressure on rates of VBAC and cesarean section. We used state-level longitudinal mixed-effects regression models to examine data from the Natality Detail File on births in the United States (1991-2003). Malpractice pressure was measured by liability insurance premiums and tort reforms. Outcome measures were rates of VBAC, cesarean section, and primary cesarean section. Malpractice premiums were positively associated with rates of cesarean section (beta = 0.15, P = 0.02) and primary cesarean section (beta = 0.16, P = 0.009), and negatively associated with VBAC rates (beta = -0.35, P = 0.01). These estimates imply that a $10,000 decrease in premiums for obstetrician-gynecologists would be associated with an increase of 0.35 percentage points (1.45%) in the VBAC rate and decreases of 0.15 and 0.16 percentage points (0.7% and 1.18%) in the rates of cesarean section and primary cesarean section, respectively; this would correspond to approximately 1600 more VBACs, 6000 fewer cesarean sections, and 3600 fewer primary cesarean sections nationwide in 2003. Two types of tort reform-caps on noneconomic damages and pretrial screening panels-were associated with lower rates of cesarean section and higher rates of VBAC. The liability environment influences choice of delivery method in obstetrics. The effects are not large, but reduced litigation pressure would likely lead to decreases in the total number cesarean sections and total delivery costs.

Trends in malpractice premiums for dermatologists: results of a national survey.

PubMed

Resneck, Jack S

2006-03-01

To analyze professional liability premiums in dermatology and factors associated with premium variation. This study examines data from a survey of dermatologists conducted in 2004. Survey respondents (n = 1095) reported mean medical liability premiums of $10,898 in 2004 (95% confidence interval, $10,295-$11,501). Premiums increased by 24.4% in 2003 and 16.7% in 2004. There was substantial variation by state, and mean premiums were higher in American Medical Association (AMA)-declared "crisis states" than in those states listed as "currently OK" ($11,669 vs $9527; P = .03). Premium growth from 2002 through 2004 was higher in AMA crisis states and in states without $250 000 caps in place for noneconomic damages. Even when excluding payment for cosmetic riders, premium levels were higher for dermatologists spending more than 10% of their time in cosmetic practice ($13,816 vs $10,185; P<.001) or more than 30% of their time in noncosmetic surgery ($12,551 vs $10,453; P = .01). While premiums paid by dermatologists for professional liability insurance in 2004 were well below those experienced by higher-risk specialties, geographic factors and state tort law variation seem to be affecting dermatology premiums in much the same way they affect the field of medicine as a whole.

Law, pregnancy and sport: what are the repercussions when a pregnant lady plays?

PubMed

Werren, Julia

2006-08-01

This article reflects on the issue of pregnancy and sport that was brought to the fore in Gardner v National Netball League (2001) 182 ALR 408; [2001] FMCA 50 and Gardner v All Australia Netball Association Ltd (2003) 174 FLR 452. It suggests that these cases did not provide a definitive discussion of the tortious liability implications that initially led Netball Australia to introduce a ban on pregnant players. In an attempt to fill some of these gaps, other case law that deals with liability of sporting organisations and prenatal injury is discussed. The article primarily focuses on whether the unborn child when born alive will have an action against her or his mother as a result of injury occasioned while the mother was playing sport when pregnant. This examination is undertaken in light of recent Australian tort reform as well as changes in policy direction. The article summarises the legal position of the parties involved in sport--sporting organisations, medical practitioners, other participants and the pregnant mother--and argues that, with reference to the guidelines and case law, in only a very small number of cases would liability be found against the sporting organisation or pregnant mother as a result of injuries incurred prenatally.

Incidental Findings in Neuroimaging: Ethical and Medicolegal Considerations

PubMed Central

Leung, Lawrence

2013-01-01

With the rapid advances in neurosciences in the last three decades, there has been an exponential increase in the use of neuroimaging both in basic sciences and clinical research involving human subjects. During routine neuroimaging, incidental findings that are not part of the protocol or scope of research agenda can occur and they often pose a challenge as to how they should be handled to abide by the medicolegal principles of research ethics. This paper reviews the issue from various ethical (do no harm, general duty to rescue, and mutual benefits and owing) and medicolegal perspectives (legal liability, fiduciary duties, Law of Tort, and Law of Contract) with a suggested protocol of approach. PMID:26317093

Incidental Findings in Neuroimaging: Ethical and Medicolegal Considerations.

PubMed

Leung, Lawrence

2013-01-01

With the rapid advances in neurosciences in the last three decades, there has been an exponential increase in the use of neuroimaging both in basic sciences and clinical research involving human subjects. During routine neuroimaging, incidental findings that are not part of the protocol or scope of research agenda can occur and they often pose a challenge as to how they should be handled to abide by the medicolegal principles of research ethics. This paper reviews the issue from various ethical (do no harm, general duty to rescue, and mutual benefits and owing) and medicolegal perspectives (legal liability, fiduciary duties, Law of Tort, and Law of Contract) with a suggested protocol of approach.

The malpractice liability crisis.

PubMed

Brenner, R James; Smith, John J

2004-01-01

Most medical malpractice cases are tried under the civil tort of negligence and are often triggered by adverse outcomes. These proceedings are aimed primarily at determining whether the conduct of a health care provider was reasonable. Such legal actions have mostly been subject to state jurisdiction. Increasingly, a number of factors are converging that are threatening the continued practice of medicine in some states and hence patients' access to care. These include higher amounts of monetary damages awarded to successful plaintiffs, consequent rising malpractice premiums, and the threatened economic insolvency of medical liability insurance carriers as a result of the broader economic downturn. The result is a serious public health dilemma. The national scope of the problem has been considered a crisis, which has prompted unprecedented federal legislative proposals directed toward providing new and preemptive parameters for capitated noneconomic damages, restrictions on certain civil procedures affecting lawsuit outcomes, and methods for attorney compensation, which some states have either not previously addressed or found unconstitutional. A survey of different states' problems and common issues should assist the reader in understanding the nature of the crisis and proposed solutions.

Reinforcing historic distinctions between mental and physical injury: the impact of the civil liability reforms.

PubMed

Forster, Christine; Engel, Jeni

2012-03-01

Mental injury has been differentiated from physical injury since its entry into Australian tort law, with mental injury consistently subject to the most onerous regime. In 2002 in its Review of the Law of Negligence, the Ipp Panel supported the historic distinction between physical and mental injury and recommended further (restrictive) changes to the common law rules in relation to mental injury. This article considers and evaluates the reforms which were introduced into six Australian jurisdictions in relation to mental injury in the tort of negligence in response to the Ipp Panel's recommendations arguing that the rationale for differentiating pure mental injury from physical injury and consequential mental injury is nebulous. It argues that the reforms operate to reinforce and magnify historic distinctions between physical and mental harm despite increasing recognition in the medical literature of the interrelationship between physical and psychiatric injury; despite the recognition of the professional ability of psychiatrists and psychologists to accurately pinpoint and diagnose mental injury; despite extensive documentation of the far-reaching and devastating impact that psychiatric injury has on victims, families and the community; and despite evidence that early and adequate treatment of mental injury can prevent a raft of damaging and costly personal and societal consequences.

Beyond MICRA: new ideas for liability reform. American College of Physicians.

PubMed

1995-03-15

The existing medical liability system does not work. It does not deter negligence, provide timely compensation to injured persons, or resolve disputes fairly. Studies show that a large percentage of injured patients are not compensated and that physicians feel vulnerable to a lawsuit whether or not they practice high-quality medicine. The arbitrariness and inefficiency of the system disrupts the physician-patient relationship, increases health care costs, and, in some cases, hurts access to care. As a result, comprehensive changes to the liability system must be made. The American College of Physicians makes the following recommendations. 1. Congress should immediately pass the tort reforms contained in the California Medical Injury Compensation Reform Act (MICRA), particularly caps on noneconomic damages, as necessary short-term changes to a flawed system. 2. Federal legislation should be enacted that overturns recent court decisions that have relied on the Employee Retirement Income Security Act of 1974, a federal law that regulates pensions and other benefit plans, to bar plaintiffs from suing their health plan for negligence if the plan's benefits or treatment decisions lead to an injury. 3. Demonstration projects should be created and funded to examine the feasibility of using a set of caps for noneconomic damage awards that are based on the severity of injury suffered and the injured party's age. A set of caps could be seen as fairer to injured persons than flat caps but would still protect physicians from unlimited awards. 4. Demonstration projects should be authorized and funded to test enterprise liability and no-fault systems. These systems could take many forms, including administrative approaches; lists of accelerated compensation events; "early offer of settlement" approaches; and organizational liability for health plans, hospitals, or health systems. Such long-term reforms are consistent with trends in health care delivery and are necessary to promote quality of care, compensate injured persons, and protect physicians.

Legal issues concerning electronic health information: privacy, quality, and liability.

PubMed

Hodge, J G; Gostin, L O; Jacobson, P D

1999-10-20

Personally identifiable health information about individuals and general medical information is increasingly available in electronic form in health databases and through online networks. The proliferation of electronic data within the modern health information infrastructure presents significant benefits for medical providers and patients, including enhanced patient autonomy, improved clinical treatment, advances in health research and public health surveillance, and modern security techniques. However, it also presents new legal challenges in 3 interconnected areas: privacy of identifiable health information, reliability and quality of health data, and tortbased liability. Protecting health information privacy (by giving individuals control over health data without severely restricting warranted communal uses) directly improves the quality and reliability of health data (by encouraging individual uses of health services and communal uses of data), which diminishes tort-based liabilities (by reducing instances of medical malpractice or privacy invasions through improvements in the delivery of health care services resulting in part from better quality and reliability of clinical and research data). Following an analysis of the interconnectivity of these 3 areas and discussing existing and proposed health information privacy laws, recommendations for legal reform concerning health information privacy are presented. These include (1) recognizing identifiable health information as highly sensitive, (2) providing privacy safeguards based on fair information practices, (3) empowering patients with information and rights to consent to disclosure (4) limiting disclosures of health data absent consent, (5) incorporating industry-wide security protections, (6) establishing a national data protection authority, and (7) providing a national minimal level of privacy protections.

Damages Caps in Medical Malpractice Cases

PubMed Central

Nelson, Leonard J; Morrisey, Michael A; Kilgore, Meredith L

2007-01-01

This article reviews the empirical literature on the effects of damages caps and concludes that the better-designed studies show that damages caps reduce liability insurance premiums. The effects of damages caps on defensive medicine, physicians’ location decisions, and the cost of health care to consumers are less clear. The only study of whether consumers benefit from lower health insurance premiums as a result of damages caps found no impact. Some state courts have based decisions declaring damages caps legislation unconstitutional on the lack of evidence of their effectiveness, thereby ignoring the findings of conflicting research studies or discounting their relevance. Although courts should be cautious in rejecting empirical evidence that caps are effective, legislators should consider whether they benefit consumers enough to justify limiting tort recoveries for those most seriously injured by malpractice. PMID:17517115

Regulation with placebo effects.

PubMed

Malani, Anup

2008-12-01

A growing scientific literature supports the existence of placebo effects from a wide range of health interventions and for a range of medical conditions. This Article reviews this literature, examines the implications for law and policy, and suggests future areas for research on placebo effects. In particular, it makes the case for altering the drug approval process to account for, if not credit, placebo effects. It recommends that evidence of placebo effects be permitted as a defense in cases alleging violations of informed consent or false advertising. Finally, it finds that tort law already has doctrines such as joint and several liability to account for placebo effects. Future research on placebo effects should focus on whether awareness of placebo effects can disable these effects and whether subjects can control their own placebo effects.

Prosecutor can't be sued for breach of crime victim's trust.

PubMed

1999-10-15

A judge ruled that a prosecutor cannot be sued for breaching a crime victim's privacy by disclosing the criminal's HIV status. [Name removed] was bitten by a burglar who broke into her home. The burglar was subsequently tried and convicted of the crime. The assistant States Attorney, James Clark, assured [name removed] that he would not reveal the burglar's HIV status, but during the sentencing hearing, he made it a key issue. The judge granted the attorney summary judgement because prosecutors are immune from tort liability arising from their conduct as participants in a judicial proceeding. In a footnote, the judge said it "certainly is very unfortunate" that Clark led [name removed] to think he would not disclose the burglar's HIV claim in open court.

Prescription for fairness: a new approach to tort liability of brand-name and generic drug manufacturers.

PubMed

Rostron, Allen

2011-02-01

Over the past two decades, courts have consistently ruled that the manufacturer of a brand-name prescription drug cannot be liable for injuries suffered by those taking generic imitations of its product. This meant that a patient injured by a generic drug could have no remedy at all because in many instances the generic drug manufacturer would escape liability on the ground that it did not produce any information on which the patient's doctor relied. It was a perplexing dilemma. The generic drug manufacturer made the product that the plaintiff received, the brand-name manufacturer produced all of the information the patient's doctor saw, and neither manufacturer could be held liable even if each acted negligently. The California Court of Appeal recently issued a stunning decision in which it concluded that a brand-name drug manufacturer could be liable to a plaintiff who took a generic version of its product. The reaction to the decision has been overwhelmingly negative. Commentators have condemned the decision as one of the worst rulings made by any court in recent years. Judges around the country have dismissed it as a misguided aberration from the otherwise strong judicial consensus on the issue. Although the decision has been the subject of scathing criticism, this Article argues that the California court's ruling actually represents the first time that a court has properly examined this issue. In addition, the Article points out some weaknesses in the California court's reasoning and proposes a novel general framework for analyzing the liability of brand-name and generic drug manufacturers.

The optimisation approach of ALARA in nuclear practice: an early application of the precautionary principle. Scientific uncertainty versus legal uncertainty.

PubMed

Lierman, S; Veuchelen, L

2005-01-01

The late health effects of exposure to low doses of ionising radiation are subject to scientific controversy: one view finds threats of high cancer incidence exaggerated, while the other view thinks the effects are underestimated. Both views have good scientific arguments in favour of them. Since the nuclear field, both industry and medicine have had to deal with this controversy for many decades. One can argue that the optimisation approach to keep the effective doses as low as reasonably achievable, taking economic and social factors into account (ALARA), is a precautionary approach. However, because of these stochastic effects, no scientific proof can be provided. This paper explores how ALARA and the Precautionary Principle are influential in the legal field and in particular in tort law, because liability should be a strong incentive for safer behaviour. This so-called "deterrence effect" of liability seems to evaporate in today's technical and highly complex society, in particular when dealing with the late health effects of low doses of ionising radiation. Two main issues will be dealt with in the paper: 1. How are the health risks attributable to "low doses" of radiation regulated in nuclear law and what lessons can be learned from the field of radiation protection? 2. What does ALARA have to inform the discussion of the Precautionary Principle and vice-versa, in particular, as far as legal sanctions and liability are concerned? It will be shown that the Precautionary Principle has not yet been sufficiently implemented into nuclear law.

The duty of the pharmacist and the pharmaceutical industry.

PubMed

Dwyer, Peter

2003-01-01

The common law duty of care, an essential element of the tort of negligence, focuses on conduct. Accordingly, any discussion of the existence, nature and content of the duty of care of a pharmaceutical manufacturer and of a pharmacist, requires analysis of their respective functions. Also relevant are the special nature and effects of drug products and their approval for and acceptance in, human therapy based upon a balancing of risks and benefits. Critical to a manufacturer's potential tortuous liability is the so-called 'learned intermediary, role of pharmacists, prescribers and other health professionals and whether they have current and accurate drug product information. Manufacturers are not necessarily the only source of drug information available to health professionals. These responsibilities serve patients who also need to be adequately informed so as to achieve optimal safety and efficacy when using prescribed medications.

Social media in the health-care setting: benefits but also a minefield of compliance and other legal issues.

PubMed

Moses, Richard E; McNeese, Libra G; Feld, Lauren D; Feld, Andrew D

2014-08-01

Throughout the past 20 years, the rising use of social media has revolutionized health care as well as other businesses. It allows large groups of people to create and share information, ideas, and experiences through online communications, and develop social and professional contacts easily and inexpensively. Our Gastroenterology organizations, among others, have embraced this technology. Although the health-care benefits may be many, social media must be viewed through a legal lens, recognizing the accompanying burdens of compliance, ethical, and litigation issues. Theories of liability and risk continue to evolve as does the technology. Social media usage within the medical community is fraught with potential legal issues, requiring remedial responses to meet patients' needs and comply with current laws, while not exposing physicians to medical malpractice and other tort risks.

Development of a Composite Measure of State-Level Malpractice Environment

PubMed Central

Chung, Jeanette W; Sohn, Min-Woong; Merkow, Ryan P; Oh, Elissa H; Minami, Christina; Black, Bernard S; Bilimoria, Karl Y

2014-01-01

Objective To develop a composite measure of state-level malpractice environment. Data Sources Public use data from the National Practitioner Data Bank, Medical Liability Monitor, the National Conference of State Legislatures, and the American Bar Association. Study Design Principal component analysis of state-level indicators (paid claims rate, malpractice premiums, lawyers per capita, average award size, and malpractice laws), with indirect validation of the composite using receiver-operating characteristic curves to determine how accurately the composite could identify states with high-tort activity and costs. Principal Findings A single composite accounted for over 73 percent of total variance in the seven indicators and demonstrated reasonable criterion validity. Conclusion An empirical composite measure of state-level malpractice risk may offer advantages over single indicators in measuring overall risk and may facilitate cross-state comparisons of malpractice environments. PMID:24117397

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.

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports 1982 cases involving tort claims within the school context. Torts are seen here as separate independent civil causes of action that define a particular level of conduct that the law recognizes individuals owe one another. This chapter discusses negligence, the most common tort, at greatest length, analyzing cases involving…

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

The purpose of tort law is to offer remedies to individuals for harm that resulted from the unreasonable conduct of others. This chapter examines those cases reported during 1989 that involved tort claims within the school context. Tort cases discussed in this chapter are organized under the following sections: (1) negligence in regard to…

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines court cases reported during 1987 of tort claims involving school officials, employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. The most common tort alleged to have been committed by school personnel is negligence. Most negligence suits…

Tort Law and the Civil Jury.

ERIC Educational Resources Information Center

Pittman, Keith A.

1997-01-01

Briefly reviews the historical developments of tort law and identifies some of its main component. Tort law concerns wrongful acts (not involving a breach of contract) that may result in a civil action. Major areas include personal injury and wrongful death, intentional torts, negligence, professional malpractice, misrepresentation, and libel.…

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports cases decided during 1981 that involved some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. The cases are organized according to the particular type of tort involved.…

32 CFR 536.85 - Claims payable under the Federal Tort Claims Act.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false Claims payable under the Federal Tort Claims Act... AND ACCOUNTS CLAIMS AGAINST THE UNITED STATES Claims Cognizable Under the Federal Tort Claims Act § 536.85 Claims payable under the Federal Tort Claims Act. (a) Unless otherwise prescribed, claims for...

Tort reform is associated with more medical board complaints and disciplinary actions.

PubMed

Stewart, Ronald M; Love, Joseph D; Rocheleau, Lisa A; Sirinek, Kenneth R

2012-04-01

Previous reports have confirmed that comprehensive tort reform in Texas (enacted in 2003) was associated with fewer lawsuits and less litigation-associated cost. We hypothesized that complaints to the Texas Medical Board (TMB) increased after tort reform. To test this hypothesis, we compared complaints, investigations, disciplinary actions, and penalties against physicians before and after comprehensive state tort reform measures were adopted. Data were obtained from the TMB for a 15-year period (1996 to 2010). When comparing the period before tort reform (1996 to 2002) with the period after tort reform (2004 to 2010), TMB complaints increased 13%; investigations opened increased 33%, disciplinary actions increased 96%, license revocations or surrenders increased 47%, and financial penalties increased 367%. All of these increases were statistically significant (p ≤ 0.01). After tort reform in Texas, the total number of complaints, investigations, disciplinary decisions, license revocations or surrenders, and financial penalties from the TMB significantly increased. In Texas, tort reform was accompanied by legislatively directed, enhanced oversight and activity of the authority (TMB) charged with regulation of the medical profession. Copyright © 2012. Published by Elsevier Inc.

Pain and suffering disability index.

PubMed

Brown, Melissa M; Brown, Gary C; Brown, Heidi; Sharma, Sanjay; Wagner, Thomas; Kraushar, Marvin

2006-06-01

This report summarizes the increasing financial resources required to deal with personal injury tort cases and medical malpractice. The largest single component in personal injury torts is noneconomic damages, which encompasses 'pain and suffering' and punitive damage, the latter of which comprises only a small percentage. Overall, noneconomic damages account for 24% of the greater than US$250 billion spent annually on personal injury torts. A pain and suffering disability index has been developed that quantifies the loss of life's value attributable to personal injury. Based upon time-tradeoff utility analysis, the value loss is predicated upon the values of people who have experienced the same degree of disability or injury as the plaintiff, only outside the courtroom environs. It is believed that the pain and suffering disability index will readily identify frivolous, personal injury torts, decrease the number of frivolous, personal injury torts, markedly decrease the variance of noneconomic tort settlements, facilitate the earlier settlement of personal injury tort cases, and decrease the proportion of personal injury tort cases progressing to jury trial. The pain and suffering disability index is a novel instrument that quantifies the 'pain and suffering' associated with a personal injury tort according to the values of patients who have experienced a similar injury outside the courtroom environs.

Beyond the standard of care: a new model to judge medical negligence.

PubMed

Brenner, Lawrence H; Brenner, Alison Tytell; Awerbuch, Eric J; Horwitz, Daniel

2012-05-01

The term "standard of care" has been used in law and medicine to determine whether medical care is negligent. However, the precise meaning of this concept is often unclear for both medical and legal professionals. Our purposes are to (1) examine the limitations of using standard of care as a measure of negligence, (2) propose the use of the legal concepts of justification and excuse in developing a new model of examining medical conduct, and (3) outline the framework of this model. We applied the principles of tort liability set forth in the clinical and legal literature to describe the difficulty in applying standard of care in medical negligence cases. Using the concepts of justification and excuse, we propose a judicial model that may promote fair and just jury verdicts in medical negligence cases. Contrary to conventional understanding, medical negligence is not simply nonconformity to norms. Two additional concepts of legal liability, ie, justification and excuse, must also be considered to properly judge medical conduct. Medical conduct is justified when the benefits outweigh the risks; the law sanctions the conduct and encourages future conduct under similar circumstances. Excuse, on the other hand, relieves a doctor of legal liability under specific circumstances even though his/her conduct was not justified. Standard of care is an inaccurate measure of medical negligence because it is premised on the faulty notion of conformity to norms. An alternative judicial model to determine medical negligence would (1) eliminate standard of care in medical malpractice law, (2) reframe the court instruction to jurors, and (3) establish an ongoing consensus committee on orthopaedic principles of negligence.

The relationship between tort reform and medical utilization.

PubMed

Kavanagh, Kevin T; Calderon, Lindsay E; Saman, Daniel M

2014-12-01

The hidden cost of defensive medicine has been cited by policymakers as a significant driving force in the increase of our nation's health-care costs. If this hypothesis is correct, one would expect that states with higher levels of tort reform will have a decrease in Medicare utilization and that medical utilization will decrease after tort reform is enacted. State-level reimbursement data for years 1999 to 2010 (the last year available) was obtained from the Dartmouth Atlas of Health Care. Medical tort rankings for the 50 states were obtained from the Pacific Research Institute (PRI) and correlated with state medical utilization for the year 2010. In 3 states, Mississippi, Nevada, and Texas, data were available to make pretort and posttort reform comparisons. Data analysis between total state Medicare Reimbursements and the PRI's tort rankings showed no significant observed correlation. In 6 Medicare utilization categories (total Medicare, hospital and skilled nursing facility, physician, home health agency, hospice, and durable medical equipment), a negative trend was observed when correlated with PRI tort rankings. This trend does not support the hypothesis that defensive medicine is a major driver of health-care expenditures. Tracking expenditures in the states of Texas, Nevada, and Mississippi, before and after passage of comprehensive medical tort reform gave inconsistent results and did not demonstrate substantial or meaningful total Medicare savings. In Mississippi, there was a trend of decreased expenditures after medical tort reform was passed. However, in Texas, where 80% of the analyzed enrollees resided, there was a trend of progressive increasing expenditures after tort reform was passed. The comparison of the Dartmouth Atlas Medicare Reimbursement Data with Malpractice Reform State Rankings, which are used by the PRI, did not support the hypothesis that defensive medicine is a driver of rising health-care costs. Additionally, comparing Medicare reimbursements, premedical and postmedical tort reform, we found no consistent effect on health-care expenditures. Together, these data indicate that medical tort reform seems to have little to no effect on overall Medicare cost savings.

The US Medical Liability System: Evidence for Legislative Reform

PubMed Central

Guirguis-Blake, Janelle; Fryer, George E.; Phillips, Robert L.; Szabat, Ronald; Green, Larry A.

2006-01-01

BACKGROUND Despite state and federal efforts to implement medical malpractice reform, there is limited evidence on which to base policy decisions. The National Practitioner Data Bank (NPDB) offers an opportunity to evaluate the effects of previous malpractice tort reforms on malpractice payments and premiums. METHODS For every state and the District of Columbia, we calculated the number of malpractice payments, total amount paid, and average payment from NPDB data reported from 1999 through 2001. We analyzed 44,913 claims using logistic regression to study associations between payments, physician premiums, and 10 state statutory tort reforms. RESULTS Wide variations exist in malpractice payments among states. The reforms most associated with lower payments and premiums were total and noneconomic damage caps. Mean payments were 26% lower in states with total damage caps ($196,495.34 vs $265,554.50, P = .001). Mean payments were 22% less in states with noneconomic damage caps ($219,225.98 vs $279,849.86, P = .010). Total damage caps were associated with lower mean annual premiums, especially for obstetricians ($22,371.57 vs $42,728.68, P <.001). Hard noneconomic damage caps were associated with premium reductions for obstetricians (30,283.75 vs 45,740.88; P = .039). CONCLUSIONS Significant reductions in malpractice payments could be realized if total or noneconomic damage caps were operating nationally. Hard noneconomic damage and total damage caps could yield lower premiums. If tied to a comprehensive plan for reform, the money saved could be diverted to implement alternative approaches to patient compensation or be used to achieve other systems reform benefiting patients, employers, physicians, and hospitals. PMID:16735526

The US Medical Liability System: evidence for legislative reform.

PubMed

Guirguis-Blake, Janelle; Fryer, George E; Phillips, Robert L; Szabat, Ronald; Green, Larry A

2006-01-01

Despite state and federal efforts to implement medical malpractice reform, there is limited evidence on which to base policy decisions. The National Practitioner Data Bank (NPDB) offers an opportunity to evaluate the effects of previous malpractice tort reforms on malpractice payments and premiums. For every state and the District of Columbia, we calculated the number of malpractice payments, total amount paid, and average payment from NPDB data reported from 1999 through 2001. We analyzed 44,913 claims using logistic regression to study associations between payments, physician premiums, and 10 state statutory tort reforms. Wide variations exist in malpractice payments among states. The reforms most associated with lower payments and premiums were total and noneconomic damage caps. Mean payments were 26% lower in states with total damage caps (196,495.34 dollars vs 265,554.50 dollars, P = .001). Mean payments were 22% less in states with noneconomic damage caps (219,225.98 dollars vs 279,849.86 dollars, P = .010). Total damage caps were associated with lower mean annual premiums, especially for obstetricians (22,371.57 dollars vs 42,728.68 dollars, P <.001). Hard noneconomic damage caps were associated with premium reductions for obstetricians (30,283.75 vs 45,740.88; P = .039). Significant reductions in malpractice payments could be realized if total or noneconomic damage caps were operating nationally. Hard noneconomic damage and total damage caps could yield lower premiums. If tied to a comprehensive plan for reform, the money saved could be diverted to implement alternative approaches to patient compensation or be used to achieve other systems reform benefiting patients, employers, physicians, and hospitals.

Notes and comments "High and dry?" The Public Readiness and Emergency Preparedness Act and liability protection for pharmaceutical manufacturers.

PubMed

Copper, B Kurt

2007-01-01

In an era filled with fears of bioterrorism, Congress approved the Public Readiness and Emergency Preparedness Act (PREPA) to encourage development of vaccines and other countermeasures. By providing pharmaceutical manufacturers with protection from liability for potential side effects, Congress has attempted to motivate manufacturers to produce a national stockpile of countermeasures. As part of PREPA, the government established a compensatory system intended to provide compensation to persons injured by countermeasures used during a public health emergency. Although the Act provides for a compensation fund, it fails to allocate monies for that fund. Thus, in the absence of further congressional action, PREPA will not provide compensation to those injured by countermeasures. Failing to assure the American public of a compensation program constitutes bad public policy and risks inspiring potential vaccinees to refuse necessary drugs. Additionally, arguments as to the constitutionality of the Act exist should Congress fail to adequately fund the program, and the existence of those arguments undermines the purpose of the Act--namely to assure pharmaceutical manufacturers that they will not be sued into oblivion should they attempt to aid national pandemic protection. In addition to detailing both the Act and the statutory precedent for congressional attempts to spur biodefense, this Article addresses important issues of healthcare, tort, and constitutional law that will continue to manifest themselves in this new era of bioterrorism.

29 CFR 100.401 - Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Claims under the Federal Tort Claims Act for loss of or damage to property or for personal injury or death. 100.401 Section 100.401 Labor Regulations Relating to Labor NATIONAL LABOR RELATIONS BOARD ADMINISTRATIVE REGULATIONS Claims Under the Federal Tort Claims Act § 100.401 Claims under the Federal Tort...

Induced seismicity and the potential for liability under U.S. law

NASA Astrophysics Data System (ADS)

Cypser, Darlene A.; Davis, Scott D.

1998-04-01

Research by seismologists over the past 30+ years has firmly established that some human activities induce seismicity. Sometimes induced seismicity causes injuries to people or property. The activities which induce seismicity generally involve extraction of energy, or natural resources, or the disposal of wastes. As the human population increases these extraction and disposal activities will increase in number of sites and intensity of effort as the demands become greater and the resources scarcer. With these increases the number and severity of damaging induced earthquakes is likely to increase. Induced seismicity may cause injuries by vibrations or by seismically induced ground failure. In either case compensation for injuries caused by induced seismicity should be paid for by the inducer. In the United States the inducer of damaging seismicity can be made to pay for the harm caused. Liability for damage caused by vibrations can be based on several legal theories: trespass, strict liability, negligence and nuisance. Our research revealed no cases in which an appellate court has upheld or rejected the application of tort liability to an induced earthquake situation. However, there are numerous analogous cases that support the application of these legal theories to induced seismicity. Vibrations or concussions due to blasting or heavy machinery are sometimes viewed as a `trespass' analogous to a physical invasion. In some states activities which induce earthquakes might be considered `abnormally dangerous' activities that require companies engaged in them to pay for injuries the quakes cause regardless of how careful the inducers were. In some circumstances, a court may find that an inducer was negligent in its site selection or in maintenance of the project. If induced seismicity interferes with the use or enjoyment of another's land, then the inducing activity may be a legal nuisance, even if the seismicity causes little physical damage. In most states of the United States owners of land owe a duty of lateral support to adjacent landowners, and, in some states, mineral estate owners and lessees owe a duty of subjacent support to the surface owners. Failure to meet those duties of support can result in liability. Seismicity induced by one source might accelerate failure of support originating from another source, leaving both of the parties at fault proportionally liable to the injured parties. Geoscientists can use their roles as investigators, educators and advisors to help companies in the petroleum, mining and geothermal fields avoid liability.

Torts.

ERIC Educational Resources Information Center

McCarthy, Martha M.

During 1978, cases pertaining to pupil injuries (mainly involving athletics) and employee injuries under workmen's compensation laws continued to dominate tort litigation in the educational sphere. Several noteworthy cases, however, were rendered in the emerging areas of educational malpractice and constitutional torts. The cases discussed are…

[Current issues in legal cases of compensation for healthcare malpractice].

PubMed

Heiner, Tamás; Barzó, Tímea

2014-09-21

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since 1990. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades. In the meantime, a new Hungarian Civil Code (Act V of 2013) has entered into force, which among others, necessitates the revaluation of assessment of damages recoverable for medical malpractices. There are two main areas where fundamental changes have been introduced, which may significantly affect the outcome of medical malpractice lawsuits in the future. In the early stage of medical malpractices it was unclear whether the courts had to consider either the contractual relationship between patients and healthcare providers (contractual liability) or general codal articles on damages arising from non-contractual liability/torts (delictual liability) in their judgement delivered in the cases. Both the theoretical and practical experience of the last ten years shows that healthcare services agreements are concluded between healthcare providers and patients with the aim and intention to provide appropriate professional healthcare services to patients, which meet patients' interests and wishes. The medical service is violated if it fails to meet patients' interests and wishes as well as the objectives of the agreement. Since the new legislation implies a stricter liability for damages in the case of breach of contract and stricter rules for exempting the party in breach from compensation obligations, the opportunities to exempt healthcare providers from these obligations have become limited compared to previous regulations. This modification, which was aimed at further integrating the established judicial practices into legislation, stipulates the application of the rules for liability for damages resulting from medical malpractice in non-contractual situations. This paper analyses dogmatic and practical problems related to this topic. Another important area of current analysis is the institution of injury fees, which replaced the reimbursement of non-pecuniary damages. The mere fact of infringement allows setting injury fees. Taking into consideration the current resources in staff and equipment available in healthcare, this regulation may promote claims for injury fees impartial. Consequently, courts will have to apply other criteria when judgment in 'trivial cases', which might not require legal assessment, is delivered.

20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

Code of Federal Regulations, 2012 CFR

2012-04-01

... under the Tort Claims Act? Yes, Students are considered Federal employees for purposes of the Tort... sent to the Associate Solicitor for Employee Benefits, U.S. Department of Labor, 200 Constitution...

20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

Code of Federal Regulations, 2011 CFR

2011-04-01

... the Tort Claims Act? Yes, Students are considered Federal employees for purposes of the Tort Claims... sent to the Associate Solicitor for Employee Benefits, U.S. Department of Labor, 200 Constitution...

Relationship between tort claims and patient incident reports in the Veterans Health Administration

PubMed Central

Schmidek, J; Weeks, W

2005-01-01

Objective: The Veterans Health Administration's patient incident reporting system was established to obtain comprehensive data on adverse events that affect patients and to act as a harbinger for risk management. It maintains a dataset of tort claims that are made against Veterans Administration's employees acting within the scope of employment. In an effort to understand the thoroughness of reporting, we examined the relationship between tort claims and patient incident reports (PIRs). Methods: Using social security and record numbers, we matched 8260 tort claims and 32 207 PIRs from fiscal years 1993–2000. Tort claims and PIRs were considered to be related if the recorded dates of incident were within 1 month of each other. Descriptive statistics, odds ratios, and two sample t tests with unequal variances were used to determine the relationship between PIRs and tort claims. Results: 4.15% of claims had a related PIR. Claim payment (either settlement or judgment for plaintiff) was more likely when associated with a PIR (OR 3.62; 95% CI 2.87 to 4.60). Payment was most likely for medication errors (OR 8.37; 95% CI 2.05 to 73.25) and least likely for suicides (OR 0.25; 95% CI 0.11 to 0.55). Conclusions: Although few tort claims had a related PIR, if a PIR was present the tort claim was more likely to result in a payment; moreover, the payment was likely to be higher. Underreporting of patient incidents that developed into tort claims was evident. Our findings suggest that, in the Veterans Health Administration, there is a higher propensity to both report and settle PIRs with bad outcomes. PMID:15805457

Health care reform 2010: a fresh view on tort reform.

PubMed

Stimson, C J; Dmochowski, Roger; Penson, David F

2010-11-01

We reviewed the state of medical malpractice tort reform in the context of a new political climate and the current debate over comprehensive health care reform. Specifically we asked whether medical malpractice tort reform is necessary, and evaluated the strengths and weaknesses of contemporary reform proposals. The medical, legal and public policy literature related to medical malpractice tort reform was reviewed and synthesized. We include a primer for understanding the current structure of medical malpractice law, identify the goals of the current system and analyze whether these goals are presently being met. Finally, we describe and evaluate the strengths and weaknesses of the current reform proposals including caps on damages, safe harbors and health care courts. Medical malpractice tort law is designed to improve health care quality and appropriately compensate patients for medical malpractice injuries, but is failing on both fronts. Of the 3 proposed remedies, caps on damages do little to advance the quality and compensatory goals, while safe harbors and health care courts represent important advancements in tort reform. Tort reform should be included in the current health policy debate because the current medical malpractice system is not adequately achieving the basic goals of tort law. While safe harbors and health care courts both represent reasonable remedies, health care courts may be preferred because they do not rely on jury determination in the absence of strong medical evidence. Copyright © 2010 American Urological Association Education and Research, Inc. Published by Elsevier Inc. All rights reserved.

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines cases reported during 1990 that involved tort claims within the school context. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Included are cases involving school officials, school employees, students, and in some instances others visiting school grounds. Tort…

Torts.

ERIC Educational Resources Information Center

Evans, William J., Jr.

This chapter examines court cases reported during 1986 that involved tort claims involving school officials, school employees, and students. A tort is a civil wrong, other than breach of contract, for which a court provides relief in the form of damages. Discussion focuses first on negligence, or conduct that falls below an acceptable standard of…

A Lawyer's Primer on Feminist Theory and Tort.

ERIC Educational Resources Information Center

Bender, Leslie

1988-01-01

An overview of major components of feminist theory is given and their use in critiquing tort law is illustrated, focusing in particular on a standard-of-care analysis. It is proposed that the same method can be used to examine many other aspects of negligence and tort law. (Author/MSE)

Torts.

ERIC Educational Resources Information Center

Thurston, Paul W.

This chapter reports cases that involve some type of tort claim within the school context. Torts are civil claims brought against a person or organization on grounds that the person or organization violated a responsibility not to injure another party. Most of the cases discussed deal with accusations that the school or an employee of the school…

Tort reform is associated with significant increases in Texas physicians relative to the Texas population.

PubMed

Stewart, Ronald M; West, Molly; Schirmer, Richard; Sirinek, Kenneth R

2013-01-01

Texas implemented comprehensive tort reform in 2003. We hypothesized that tort reform was followed by a significant increase of physicians practicing in Texas. To test this hypothesis, we compared the rate of physician growth prior to and following tort reform, and the number of licensed physicians and physicians per 100,000. Comparing before and after tort reform, the rate of increase in Texas physicians per 100,000 population increased significantly (p < 0.01). From 2002 to 2012, the Texas population increased 21 %. The number of actively practicing Texas physicians increased by 15,611 a 44 % increase (46 % metro areas vs. 9 % non-metro areas), an increase of 30 physicians per 100,000 population (p < 0.01). Non-metropolitan Texas had a net increase of 215 physicians; however, there was no change in the number of physicians per 100,000. Examining the data by trauma service areas (TSAs), 20 of 22 TSAs had an increase in both number of physicians and physicians per capita, five greater than 50 %. The post-tort reform period in Texas was associated with a significantly increased growth rate of physicians relative to the Texas population. Tort reform, as implemented in Texas, provides a needed framework for improving access to health care.

32 CFR 842.94 - Assertable claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

..., against a tort-feasor when: (a) Damage results from negligence and the claim is for: (1) More than $100... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842.... (The two claims should be consolidated and processed under subpart N). (d) The Tort-feasor or his...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2014 CFR

2014-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2010 CFR

2010-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2011 CFR

2011-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2012 CFR

2012-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

20 CFR 30.615 - What type of tort suits filed against beryllium vendors or atomic weapons employers may...

Code of Federal Regulations, 2013 CFR

2013-04-01

... beryllium vendors or atomic weapons employers may disqualify certain claimants from receiving benefits under... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.615 What type of tort suits filed against beryllium vendors or atomic weapons employers may disqualify...

Teaching Torts with Sports

ERIC Educational Resources Information Center

Epstein, Adam

2011-01-01

One of the most enjoyable and interesting subjects for students taking a business law or legal environment course is the study of torts. Whether a course only allows this discussion for a week or longer, seasoned professors realize that they can capture the attention of students by covering torts topics such as slip-and-fall litigation, defective…

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.

Causation in negligence: from anti-jurisprudence to principle--individual responsibility as the cornerstone for the attribution of liability.

PubMed

Bagaric, Mirko; Erbacher, Sharon

2011-06-01

Causation is one of the most esoteric and poorly defined legal principles. The common law standards of the "but for" test and common sense are, in reality, code for unconstrained judicial choice. This leads to a high degree of unpredictability in negligence cases. Changes to the causation standard following the torts reforms have done nothing to inject principle into this area of law: the concept of "appropriateness" is no more illuminating than common sense. Despite this, the trend of recent High Court decisions offers some prospect of clarifying the test for causation. Key themes to emerge are an increased emphasis on individual responsibility and the associated concept of coherency with other legal standards. This article examines the doctrinal reasons underpinning the increasingly important role of these ideals and suggests how they can be accommodated into the test for causation to inject greater coherence and predictability into this area of law.

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2014 CFR

2014-04-01

... Federal government in connection with tort claims arising out of the contractor's performance? 900.188 Section 900.188 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND INDIAN HEALTH SERVICE... ASSISTANCE ACT Federal Tort Claims Act Coverage General Provisions § 900.188 To what extent shall the...

A Legal Analysis of Litigation against Oklahoma Educators and School Districts under the Oklahoma Governmental Tort Claims Act

ERIC Educational Resources Information Center

Lacefield, Kevin Lee

2010-01-01

This dissertation analyzed public court decisions in cases against Oklahoma school districts and their employees involving sovereign immunity claims filed under Oklahoma's Governmental Tort Claims Act. The questions addressed were: (1) How have the Oklahoma courts interpreted the Governmental Tort Claims Act, (Okla. Stat. tit. 51 Section 151 et…

76 FR 52580 - Procedures To Adjudicate Claims for Personal Injury or Property Damage Arising Out of the...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-08-23

..., Room 2400, St. Louis, MO 63155-9948. FOR FURTHER INFORMATION CONTACT: Ruth A. Przybeck, Chief Counsel... Center, USPS National Tort Center, 1720 Market Street, Room 2400, St. Louis, MO 63155-9948'' in its place... Counsel, Torts, General Law Service Center, USPS National Tort Center, 1720 Market Street, Room 2400, St...

78 FR 19632 - Administrative Claims Under the Federal Tort Claims Act and Related Statutes

Federal Register 2010, 2011, 2012, 2013, 2014

2013-04-02

... Administration 20 CFR Parts 638 and 670 RIN 1290-AA25 Administrative Claims Under the Federal Tort Claims Act and... governing administrative claims under the Federal Tort Claims Act and related statutes. DATES: Effective... (this is not a toll-free number). Individuals with hearing or speech impairments may access this...

20 CFR 670.905 - Are damages that occur to private parties at Job Corps Centers eligible for reimbursement under...

Code of Federal Regulations, 2010 CFR

2010-04-01

... Job Corps Centers eligible for reimbursement under the Tort Claims Act? 670.905 Section 670.905... occur to private parties at Job Corps Centers eligible for reimbursement under the Tort Claims Act? (a... determine if the claim is valid under the Tort Claims Act. If the Regional Solicitor determines a claim is...

25 CFR 900.208 - How are non-medical related tort claims and lawsuits filed for DOI?

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 2 2010-04-01 2010-04-01 false How are non-medical related tort claims and lawsuits filed for DOI? 900.208 Section 900.208 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND... Related Claims § 900.208 How are non-medical related tort claims and lawsuits filed for DOI? Non-medical...

25 CFR 900.208 - How are non-medical related tort claims and lawsuits filed for DOI?

Code of Federal Regulations, 2011 CFR

2011-04-01

... 25 Indians 2 2011-04-01 2011-04-01 false How are non-medical related tort claims and lawsuits filed for DOI? 900.208 Section 900.208 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, AND... Related Claims § 900.208 How are non-medical related tort claims and lawsuits filed for DOI? Non-medical...

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.

Compensation for Combat Deaths: Policy Considerations

DTIC Science & Technology

2012-01-01

through the courts for deaths resulting from other parties’ negligence or criminal behavior; a key difference between the tort system and many other...funding facilities that function outside of the tort system— for example, workers’ compensation programs for workplace fatalities and the Victims...receive $100,000 if the 10-percent risk of a loss of $100,000 actually came to pass. Tort law generally uses an ex post approach to compensation and

Responsibility for crashes of autonomous vehicles: an ethical analysis.

PubMed

Hevelke, Alexander; Nida-Rümelin, Julian

2015-06-01

A number of companies including Google and BMW are currently working on the development of autonomous cars. But if fully autonomous cars are going to drive on our roads, it must be decided who is to be held responsible in case of accidents. This involves not only legal questions, but also moral ones. The first question discussed is whether we should try to design the tort liability for car manufacturers in a way that will help along the development and improvement of autonomous vehicles. In particular, Patrick Lin's concern that any security gain derived from the introduction of autonomous cars would constitute a trade-off in human lives will be addressed. The second question is whether it would be morally permissible to impose liability on the user based on a duty to pay attention to the road and traffic and to intervene when necessary to avoid accidents. Doubts about the moral legitimacy of such a scheme are based on the notion that it is a form of defamation if a person is held to blame for causing the death of another by his inattention if he never had a real chance to intervene. Therefore, the legitimacy of such an approach would depend on the user having an actual chance to do so. The last option discussed in this paper is a system in which a person using an autonomous vehicle has no duty (and possibly no way) of interfering, but is still held (financially, not criminally) responsible for possible accidents. Two ways of doing so are discussed, but only one is judged morally feasible.

Transoral robotic thyroidectomy: a preclinical feasibility study using the da Vinci Xi platform.

PubMed

Russell, Jonathon O; Noureldine, Salem I; Al Khadem, Mai G; Chaudhary, Hamad A; Day, Andrew T; Kim, Hoon Yub; Tufano, Ralph P; Richmon, Jeremy D

2017-09-01

Transoral thyroid surgery allows the surgeon to conceal incisions within the oral cavity without significantly increasing the amount of required dissection. TORT provides an ideal scarless, midline access to the thyroid gland and bilateral central neck compartments. This approach, however, presents multiple technical challenges. Herein, we present our experience using the latest generation robotic surgical system to accomplish transoral robotic thyroidectomy (TORT). In two human cadavers, the da Vinci Xi surgical system (Intuitive Surgical, Sunnyvale, CA, USA) was used to complete TORT. Total thyroidectomy and bilateral central neck dissection was successfully completed in both cadavers. The da Vinci Xi platform offered several technologic advantages over previous robotic generations including overhead docking, narrower arms, and improved range of motion allowing for improved execution of previously described TORT techniques.

Procreative torts: enhancing the common-law protection for reproductive autonomy.

PubMed

Northern, K S

1998-01-01

Roe v. Wade's twenty-fifth anniversary is likely to herald widespread scholarly commentary on the decision's continued vitality and the future of abortion in the United States. However, if such commentary focuses solely upon the constitutional dimensions and political aspects of a woman's right to privacy, an important dimension of this right will be overlooked. Few commentators have considered the extent to which tort law safeguards a woman's interest in reproductive autonomy. In this article, Professor Northern argues that the interest in reproductive autonomy has not yet received the full protection to which it is entitled and that tort law is poised to evolve distinct causes of action for the interference with procreative autonomy interests. Professor Northern begins with an overview of the medical and psychological literature on abortion-related risks. She goes on to discuss current trends in abortion malpractice litigation. The author then reviews the three basic types of malpractice causes of action--battery, negligence, and lack of informed consent--and explores their application to abortion malpractice claims. The focus of the article then shifts to the development of specialized procreative torts, and Professor Northern contends that courts should go beyond previous decisions to redress any substantial interference with procreative autonomy. Finally, the author asserts that legislative alternatives to the common-law development of procreative torts, such as right-to-know statutes, are less protective of women's interests. Professor Northern concludes that tort law could and should be used to more fully protect women's interests in procreative autonomy.

Health and life insurance as an alternative to malpractice tort law

PubMed Central

2010-01-01

Background Tort law has legitimate social purposes of deterrence, punishment and compensation, but medical tort law does none of these well. Tort law could be counterproductive in medicine, encouraging costly defensive practices that harm some patients, restricting access to care in some settings and discouraging innovation. Discussion Patients might be better served by purchasing combined health and life insurance policies and waiving their right to pursue malpractice claims. The combined policy should encourage the insurer to profit by inexpensively delaying policyholders' deaths. A health and life insurer would attempt to minimize mortal risks to policyholders from any cause, including medical mistakes and could therefore pursue systematic quality improvement efforts. If policyholders trust the insurer to seek, develop and reward genuinely effective care; identify, deter and remediate poor care; and compensate survivors through the no-fault process of paying life insurance benefits, then tort law is largely redundant and the right to sue may be waived. If expensive defensive medicine can be avoided, that savings alone could pay for fairly large life insurance policies. Summary Insurers are maligned largely because of their logical response to incentives that are misaligned with the interests of patients and physicians in the United States. Patient, provider and insurer incentives could be realigned by combining health and life insurance, allowing the insurer to use its considerable information access and analytic power to improve patient care. This arrangement would address the social goals of malpractice torts, so that policyholders could rationally waive their right to sue. PMID:20525190

Health and life insurance as an alternative to malpractice tort law.

PubMed

Sumner, Walton

2010-06-02

Tort law has legitimate social purposes of deterrence, punishment and compensation, but medical tort law does none of these well. Tort law could be counterproductive in medicine, encouraging costly defensive practices that harm some patients, restricting access to care in some settings and discouraging innovation. Patients might be better served by purchasing combined health and life insurance policies and waiving their right to pursue malpractice claims. The combined policy should encourage the insurer to profit by inexpensively delaying policyholders' deaths. A health and life insurer would attempt to minimize mortal risks to policyholders from any cause, including medical mistakes and could therefore pursue systematic quality improvement efforts. If policyholders trust the insurer to seek, develop and reward genuinely effective care; identify, deter and remediate poor care; and compensate survivors through the no-fault process of paying life insurance benefits, then tort law is largely redundant and the right to sue may be waived. If expensive defensive medicine can be avoided, that savings alone could pay for fairly large life insurance policies. Insurers are maligned largely because of their logical response to incentives that are misaligned with the interests of patients and physicians in the United States. Patient, provider and insurer incentives could be realigned by combining health and life insurance, allowing the insurer to use its considerable information access and analytic power to improve patient care. This arrangement would address the social goals of malpractice torts, so that policyholders could rationally waive their right to sue.

TORT/MCNP coupling method for the calculation of neutron flux around a core of BWR.

PubMed

Kurosawa, Masahiko

2005-01-01

For the analysis of BWR neutronics performance, accurate data are required for neutron flux distribution over the In-Reactor Pressure Vessel equipments taking into account the detailed geometrical arrangement. The TORT code can calculate neutron flux around a core of BWR in a three-dimensional geometry model, but has difficulties in fine geometrical modelling and lacks huge computer resource. On the other hand, the MCNP code enables the calculation of the neutron flux with a detailed geometry model, but requires very long sampling time to give enough number of particles. Therefore, a TORT/MCNP coupling method has been developed to eliminate the two problems mentioned above in each code. In this method, the TORT code calculates angular flux distribution on the core surface and the MCNP code calculates neutron spectrum at the points of interest using the flux distribution. The coupling method will be used as the DOT-DOMINO-MORSE code system. This TORT/MCNP coupling method was applied to calculate the neutron flux at points where induced radioactivity data were measured for 54Mn and 60Co and the radioactivity calculations based on the neutron flux obtained from the above method were compared with the measured data.

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)

Negligence and the communication of neonatal genetic information to parents.

PubMed

Fay, Michael

2012-01-01

It is inevitable that neonatal genetic information will be communicated to parents and a potential for psychiatric injury exists where the communication is negligent. An important question in this regard is whether a health-care provider may owe a duty of care to parents when communicating accurate genetic information, or whether the courts might treat it as merely the receipt of distressing news, which hitherto attracts no liability in English Tort Law. The important role of genetic counselling in this context will likely be determinative in deciding whether communicating accurate genetic information is actionable because it arguably distinguishes the parent-physician relationship from that of messenger-recipient. If communication is accepted as being something more than the receipt of distressing news and is capable of causing 'shock', then parents will need to establish themselves as either primary or secondary victims if claims are to be reconciled with the Alcock paradigm. Claims by parents as secondary victims will be unlikely to succeed because the neonate does not fulfil the role of primary victim, although parents may be owed a duty as elevated primary victims as a result of the lack of an immediate victim. Elevating claimants to primary victim status is not without criticism and may serve to further complicate a difficult area of tort law. Alternatively, it may be open to parents to demonstrate that a duty exists subsequent to an assumption of responsibility, as the provision of genetic counselling during and after neonatal screening is indicative of health-care providers assuming responsibility for the parents' mental health. If parents are able to establish that a duty of care exists, then success of their claims will be determined by reference to breach and causation. The potential difficulties and solutions, particularly with regard to causation, are also briefly considered. It is suggested that breach will likely be determined by reference to a responsible body of medical opinion, while it is proposed that the courts adopt a material increase analysis when assessing causation.

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.

The TORSED method for construction of TORT boundary sources from external DORT flux files

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

Rhoades, W.A.

1993-08-01

The TORSED method provides a means of coupling cylindrical two-dimensional DORT fluxes or fluences to a three-dimensional TORT calculation in Cartesian geometry through construction of external boundary sources for TORT. This can be important for several reasons. The two-dimensional environment may be too large for TORT simulation. The two-dimensional environment may be truly cylindrical in nature, and thus, better treated in that geometry. It may be desired to use a single environment calculation to study numerous local perturbations. In Section I the TORSED code is described in detail and the diverse demonstration problems that accompany the code distribution are discussed.more » In Section II, an updated discussion of the VISA code is given. VISA is required to preprocess the DORT files for use in TORSED. In Section III, the references are listed.« less

Finding Fault? Exploring Legal Duties to Return Incidental Findings in Genomic Research

PubMed Central

Pike, Elizabeth R.; Rothenberg, Karen H.; Berkman, Benjamin E.

2014-01-01

The use of whole-genome sequencing in biomedical research is expected to produce dramatic advances in human health. The increasing use of this powerful, data-rich new technology in research, however, will inevitably give rise to incidental findings (IFs)—findings with individual health or reproductive significance that are beyond the aims of the particular research—and the related questions of whether and to what extent researchers have an ethical obligation to return IFs. Many have concluded that researchers have an ethical obligation to return some findings in some circumstances but have provided vague or context-dependent approaches to determining which IFs must be returned and when. As a result, researchers have started returning IFs inconsistently, giving rise to concerns about legal liability in circumstances in which notification could have potentially prevented injury. Although it is clear that ethical guidance should not be automatically codified as law and that crafting ethical obligations around legal duties can be inappropriate, the ethical debate should not proceed unaware of the potential legal ramifications of advancing and implementing an ethical obligation to return IFs. This Article assesses the legal claims that could be brought for a researcher’s failure to return IFs. The potential for researchers to be held liable in tort is still uncertain and turns largely on a number of factors—including customary practice and guidance documents—that are still in flux. Unlike medical care, which has a well-defined duty into which evolving scientific knowledge about genetics and genomics can readily be incorporated, a researcher’s duty to return IFs is less well defined, making it difficult to determine at the outset whether and when legal liability will attach. This Article advocates for a clearer, ethically sound standard of requiring that researchers disclose in the informed consent document which approach to offering IFs will be taken. This approach enables participants to know at the outset which findings, if any, will be returned, allows researchers to ascertain when their failure to appropriately return incidental findings will give rise to liability, and enables courts to make determinations that will produce more consistent legal guidance. PMID:25346543

32 CFR 536.85 - Claims payable under the Federal Tort Claims Act.

Code of Federal Regulations, 2011 CFR

2011-07-01

... occurred. The FTCA is a limited waiver of sovereign immunity without which the United States may not be... creates or permits a federal cause of action allowing recovery in tort. Immunity must be expressly waived...

32 CFR 536.85 - Claims payable under the Federal Tort Claims Act.

Code of Federal Regulations, 2010 CFR

2010-07-01

... occurred. The FTCA is a limited waiver of sovereign immunity without which the United States may not be... creates or permits a federal cause of action allowing recovery in tort. Immunity must be expressly waived...

The Anatomy of a Constitutional Tort.

ERIC Educational Resources Information Center

Horner, Jeffrey J.

1988-01-01

Given state law barriers to recovery for the negligence of public officials, redress is often sought in federal courts. Discusses the concept of "constitutional tort" and analyzes the various components and the elements that must be satisfied before recovery is allowed. (MLF)

32 CFR 750.8 - Claims: Responsibility of the Tort Claims Unit Norfolk.

Code of Federal Regulations, 2011 CFR

2011-07-01

... received in proper form. (c) Adjudicating the claim. (1) The Tort Claims Unit Norfolk shall evaluate and... is a narrative summary of the facts upon which the suit is based and has as enclosures the claims...

32 CFR 750.8 - Claims: Responsibility of the Tort Claims Unit Norfolk.

Code of Federal Regulations, 2012 CFR

2012-07-01

... received in proper form. (c) Adjudicating the claim. (1) The Tort Claims Unit Norfolk shall evaluate and... is a narrative summary of the facts upon which the suit is based and has as enclosures the claims...

Multitasking TORT under UNICOS: Parallel performance models and measurements

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

Barnett, A.; Azmy, Y.Y.

1999-09-27

The existing parallel algorithms in the TORT discrete ordinates code were updated to function in a UNICOS environment. A performance model for the parallel overhead was derived for the existing algorithms. The largest contributors to the parallel overhead were identified and a new algorithm was developed. A parallel overhead model was also derived for the new algorithm. The results of the comparison of parallel performance models were compared to applications of the code to two TORT standard test problems and a large production problem. The parallel performance models agree well with the measured parallel overhead.

Multitasking TORT Under UNICOS: Parallel Performance Models and Measurements

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

Azmy, Y.Y.; Barnett, D.A.

1999-09-27

The existing parallel algorithms in the TORT discrete ordinates were updated to function in a UNI-COS environment. A performance model for the parallel overhead was derived for the existing algorithms. The largest contributors to the parallel overhead were identified and a new algorithm was developed. A parallel overhead model was also derived for the new algorithm. The results of the comparison of parallel performance models were compared to applications of the code to two TORT standard test problems and a large production problem. The parallel performance models agree well with the measured parallel overhead.

Australian tort law reform: statutory principles of causation and the common law.

PubMed

Mendelson, Danuta

2004-05-01

By mid-2004, Parliaments in each Australian jurisdiction will either complete or will be in the process of partial codification of the law of torts. The reforms, including those to the law of negligence, are extensive. This article focuses on codification of the law of causation as an element of the cause of action in negligence. It examines the background to "tort reform", as the process has been labelled, and discusses the common law paradigm of negligence and various approaches to causation. It then analyses and compares the causation provisions in each jurisdiction.

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.

Case for tort reform in medical malpractice.

PubMed

DeLuke, Dean M

2006-05-01

Under tort law, injured parties have the basic right to seek indemnity for wrongful injury, including injury from medical malpractice. Unfortunately, the present system is associated with many undesirable secondary effects, including problems of patient access to care, excessive testing or overtreatment, and undertreatment due to doctors' fear of malpractice. Nationwide, there are innumerable cases of doctors abandoning obstetrical or other high risk practices, or migrating away from states with less friendly tort laws. The California MICRA legislation of 1976 is often cited as a model for tort reform, but even this model legislation may be insufficient to restore a beleaguered trust between medical providers and their patients. Several key research studies suggest that the jury system fails to fairly and reliably compensate injured patients, and fails to deter or discipline errant doctors. To adequately meet the common needs of patients and health care providers, there must be an appropriate emphasis on aggressive risk management, quality improvement, patient safety, professional oversight, and responsible insurance underwriting. Moreover, there must be a systemic improvement of the current tort system as it pertains to medical malpractice. Although incremental reforms at the state level are slowly occurring and should certainly be supported, a greater reward may ultimately stem from more radical restructuring to a system of medical tribunals.

Tort law and medical malpractice insurance premiums.

PubMed

Kilgore, Meredith L; Morrisey, Michael A; Nelson, Leonard J

2006-01-01

This paper estimated the effects of tort law and insurer investment returns on physician malpractice insurance premiums. Data were collected on tort law from 1991 through 2004, and multivariate regression models, including fixed effects for state and year, were used to estimate the effect of changes in tort law on medical malpractice premiums. The premium consequences of national policy changes were simulated. The analysis found that the introduction of a new damage cap lowered malpractice premiums for internal medicine, general surgery, and obstetrics/gynecology by 17.3%, 20.7%, and 25.5%, respectively. Lowering damage caps by dollar 100,000 reduced premiums by 4%. Statutes of repose also resulted in lower premiums. No other tort law changes had the effect of lowering premiums. Simulation results indicate that a national cap of dollar 250,000 on awards for noneconomic damages in all states would imply premium savings of dollar 16.9 billion. Extending a dollar 250,000 cap to all states that do not currently have them would save dollar 1.4 billion annually, or about 8% of the total. A negative effect on malpractice premiums was found for the Dow Jones industrial average, but not for bond prices; effects of the Nasdaq index were not significant for internal medicine, but were marginally significant for surgery and obstetrics premiums.

Physical Education Teachers: How Do I Sue Thee? Oh, Let Me Count the Ways!

ERIC Educational Resources Information Center

Henderson, Donald H.

1985-01-01

Physical education teachers face increased risks of tort liablity suits because athletic events tend to be dangerous due to physical contact. Areas that are most vulnerable to tort liablity cases of teacher negligence are discussed. (DF)

Torts.

ERIC Educational Resources Information Center

Vacca, Richard S.; Evans, William J., Jr.

This fifth chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 involving claims of torts (civil wrongs, other than those involving breach of contract) committed by elementary or secondary educational institutions or personnel. Among the topics reviewed are claims of…

The need for tort reform as part of health care reform.

PubMed

Thornton, Tiffany; Saha, Subrata

2008-01-01

There is no doubt about the need for tort reform. The current state of the legal system imposes great costs on the U.S. health care system and society in general-an astounding $865 billion each year. Physicians are forced to practice defensive medicine to protect themselves from litigation. Caps on non-economic damages have helped reduce malpractice insurance rates and encouraged young physicians to pursue specialties such as obstetrics. Collective insurance pools and national insurance programs for physicians and hospitals are some options that other countries employ to reduce malpractice rates. Regulation of expert testimony by medical societies would curb false or biased testimony. Other recommendations to improve the tort system include establishing expert health courts similar to those that currently exist for tax and patent law, using mediation, creating patient compensation funds, making acknowledgment of errors inadmissible in court, providing certificates of merit or pretrial screening panels to confirm the validity of lawsuits, and developing treatment contracts. Clearly some action must be taken to amend our current wasteful tort system.

Parallel performance of TORT on the CRAY J90: Model and measurement

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

Barnett, A.; Azmy, Y.Y.

1997-10-01

A limitation on the parallel performance of TORT on the CRAY J90 is the amount of extra work introduced by the multitasking algorithm itself. The extra work beyond that of the serial version of the code, called overhead, arises from the synchronization of the parallel tasks and the accumulation of results by the master task. The goal of recent updates to TORT was to reduce the time consumed by these activities. To help understand which components of the multitasking algorithm contribute significantly to the overhead, a parallel performance model was constructed and compared to measurements of actual timings of themore » code.« less

School Tort Law in Illinois.

ERIC Educational Resources Information Center

Menacker, Julius

1990-01-01

Illinois tort policy has swung from supporting the sovereign immunity of school districts, to completely striking down sovereign immunity, to narrowing conditions in which districts and employees could be liable. Advises Illinois and other states with similar problems to develop legislation and court precedents to reduce the complexity of tort…

78 FR 73512 - Privacy Act of 1974; System of Records

Federal Register 2010, 2011, 2012, 2013, 2014

2013-12-06

.... This system will be used to evaluate and settle Admiralty tort claims asserted for and against the..., citizenship, race/ethnicity, physically descriptive characteristics, birth date, personal cell telephone....'' Purpose(s): Delete entry and replace with ``To evaluate and settle Admiralty tort claims asserted for and...

Contract and Tort Based Ethics in Student Affairs.

ERIC Educational Resources Information Center

Barratt, Will

1996-01-01

Argues that contract law and tort law are appropriate means for providing enforceable professional ethics in student affairs and that incorporating student affairs ethical codes into contracts with students creates enforceable ethical codes. Believes that providing such codes strengthens risk management programs, as well as encouraging…

Patient Perception of Disclosure Performance of Informed Consent Elements in the Preanesthesia Interview

DTIC Science & Technology

1997-12-01

Tort Law............................................................................................................................10 Contract Law ......................................................................................................................20... contract law ..............................22 Figure 3. Military status of patients by rate...Two major areas of the law, tort law and contract law , are relevant when a patient does not receive adequate informed consent. This chapter will

31 CFR 3.20 - General.

Code of Federal Regulations, 2010 CFR

2010-07-01

... owned property caused by the negligence of any officer or employee of the Government acting within the scope of his employment. The Federal Tort Claims Act superseded the Small Claims Act with respect to... Federal Tort Claims Act, for example, claims arising abroad, may be allowable under the Small Claims Act. ...

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...

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2013 CFR

2013-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2012 CFR

2012-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2014 CFR

2014-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

20 CFR 30.620 - How will OWCP ascertain whether a claimant filed this type of tort suit and if he or she has been...

Code of Federal Regulations, 2010 CFR

2010-04-01

... Special Provisions Effect of Tort Suits Against Beryllium Vendors and Atomic Weapons Employers § 30.620...) against either a beryllium vendor or an atomic weapons employer that included a claim arising out of a...

Teaching Strategy. Tort Law and the Civil Jury.

ERIC Educational Resources Information Center

Pittman, Keith A.

1997-01-01

Presents a lesson plan that introduces students to the tort system of law and the responsibilities of the civil jury. The lesson involves student research and a mock jury trial establishing legal responsibility for a fatal automobile accident. Includes a list of objectives, classroom procedures, and handouts on jury deliberations. (MJP)

48 CFR 222.7401 - Policy.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Rights Act of 1964; or (ii) Any tort related to or arising out of sexual assault or harassment, including... title VII of the Civil Rights Act of 1964; or (ii) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false...

29 CFR 15.4 - Administrative claim; where to file.

Code of Federal Regulations, 2011 CFR

2011-07-01

... Labor Office of the Secretary of Labor ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Against the Government Under the Federal Tort Claims Act § 15.4 Administrative..., U.S. Department of Labor, 200 Constitution Avenue, NW., Suite S4325, Washington, DC 20210. (c) In...

Perspectives on a Torts Course.

ERIC Educational Resources Information Center

Bernstein, Anita

1993-01-01

One law professor has added interest to a torts course by asking students to select one of five perspectives (economics, corrective justice, feminism, libertarianism, and practicality) on the course content and study it throughout the course. On the final examination, each student must answer one essay question from that viewpoint. (MSE)

22 CFR 304.1 - Scope; definitions.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Scope; definitions. 304.1 Section 304.1 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT General Provisions § 304.1 Scope; definitions. (a) This subpart applies to claims asserted under the Federal Tort Claims Act, as...

22 CFR 304.1 - Scope; definitions.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Scope; definitions. 304.1 Section 304.1 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT General Provisions § 304.1 Scope; definitions. (a) This subpart applies to claims asserted under the Federal Tort Claims Act, as...

Patient Perception of Disclosure Performance of Informed Consent Elements in the Preanesthesia Interview

DTIC Science & Technology

1997-12-01

10 Contract Law ......................................................................................................................20...20 Figure 2. A summary of the differences between tort and contract law ..............................22 Figure 3. Military...of Anesthesiologists, 1997, p. 406). 10 CHAPTER 2: REVIEW OF RELEVANT LITERATURE Two major areas of the law, tort law and contract law , are relevant

Nanotechnology regulation: a study in claims making.

PubMed

Malloy, Timothy F

2011-01-25

There appears to be consensus on the notion that the hazards of nanotechnology are a social problem in need of resolution, but much dispute remains over what that resolution should be. There are a variety of potential policy tools for tackling this challenge, including conventional direct regulation, self-regulation, tort liability, financial guarantees, and more. The literature in this area is replete with proposals embracing one or more of these tools, typically using conventional regulation as a foil in which its inadequacy is presented as justification for a new proposed approach. At its core, the existing literature raises a critical question: What is the most effective role of government as regulator in these circumstances? This article explores that question by focusing upon two policy approaches in particular: conventional regulation and self-regulation, often described as hard law and soft law, respectively. Drawing from the sociology of social problems, the article examines the soft law construction of the nanotechnology problem and the associated solutions, with emphasis on the claims-making strategies used. In particular, it critically examines the rhetoric and underlying grounds for the soft law approach. It also sets out the grounds and framework for an alternative construction and solution-the concept of iterative regulation.

Physicians' fears of malpractice lawsuits are not assuaged by tort reforms.

PubMed

Carrier, Emily R; Reschovsky, James D; Mello, Michelle M; Mayrell, Ralph C; Katz, David

2010-09-01

Physicians contend that the threat of malpractice lawsuits forces them to practice defensive medicine, which in turn raises the cost of health care. This argument underlies efforts to change malpractice laws through legislative tort reform. We evaluated physicians' perceptions about malpractice claims in states where more objective indicators of malpractice risk, such as malpractice premiums, varied considerably. We found high levels of malpractice concern among both generalists and specialists in states where objective measures of malpractice risk were low. We also found relatively modest differences in physicians' concerns across states with and without common tort reforms. These results suggest that many policies aimed at controlling malpractice costs may have a limited effect on physicians' malpractice concerns.

7 CFR 2.31 - General Counsel.

Code of Federal Regulations, 2010 CFR

2010-01-01

... pursuant to the Federal Tort Claims Act, as amended (28 U.S.C. 2671-2680), and the regulations of the..., determine, compromise, and settle, pursuant to the Federal Tort Claims Act as amended (28 U.S.C. 2671-2680... allege the negligence or wrongful act of an employee of a USDA agency; and consider, ascertain, adjust...

Basic Substantive Law for Paralegals: Contracts, Torts, and Due Process.

ERIC Educational Resources Information Center

Marcin, Raymond B.

Part of the paralegal, or legal assistant, training materials prepared by the National Paralegal Institution under a Federal grant, the text comprises an overview of the basic legal concepts usually found in introductory law courses concerning contracts, torts, and the due process area of constitutional law. Part 1, Contracts, covers: definition,…

77 FR 26181 - Authorization To Redelegate Settlement Authority for Claims Submitted Under the Federal Tort...

Federal Register 2010, 2011, 2012, 2013, 2014

2012-05-03

... DEPARTMENT OF JUSTICE 28 CFR Part 0 [CIV Docket No. 152; AG Order No. 3330-2012] Authorization To... Justice. ACTION: Final rule. SUMMARY: The Department of Justice is amending its internal organizational... CONTACT: Phyllis J. Pyles, Director, Torts Branch, Civil Division, Department of Justice, 1331...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2013 CFR

2013-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2012 CFR

2012-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2010 CFR

2010-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

25 CFR 900.188 - To what extent shall the contractor cooperate with the Federal government in connection with tort...

Code of Federal Regulations, 2011 CFR

2011-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... of a self-determination contract or subcontract. (c) The contractor, through its designated tort... the Federal government undertakes the settlement or defense of any claim or action the contractor...

20 CFR 638.526 - Tort and other claims.

Code of Federal Regulations, 2010 CFR

2010-04-01

....526 Employees' Benefits EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR JOB CORPS PROGRAM UNDER TITLE IV-B OF THE JOB TRAINING PARTNERSHIP ACT Center Operations § 638.526 Tort and other claims... persons or property, which is believed to have resulted from operation of a Job Corps center and to be a...

An Asymmetry-to-Symmetry Switch in Signal Transmission by the Histidine Kinase Receptor for TMAO

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

Moore, Jason O.; Hendrickson, Wayne A.

2012-06-28

The osmoregulator trimethylamine-N-oxide (TMAO), commonplace in aquatic organisms, is used as the terminal electron acceptor for respiration in many bacterial species. The TMAO reductase (Tor) pathway for respiratory catalysis is controlled by a receptor system that comprises the TMAO-binding protein TorT, the sensor histidine kinase TorS, and the response regulator TorR. Here we study the TorS/TorT sensor system to gain mechanistic insight into signaling by histidine kinase receptors. We determined crystal structures for complexes of TorS sensor domains with apo TorT and with TorT (TMAO); we characterized TorS sensor associations with TorT in solution; we analyzed the thermodynamics of TMAOmore » binding to TorT-TorS complexes; and we analyzed in vivo responses to TMAO through the TorT/TorS/TorR system to test structure-inspired hypotheses. TorS-TorT(apo) is an asymmetric 2:2 complex that binds TMAO with negative cooperativity to form a symmetric active kinase.« less

An asymmetry-to-symmetry switch in signal transmission by the histidine kinase receptor for TMAO.

PubMed

Moore, Jason O; Hendrickson, Wayne A

2012-04-04

The osmoregulator trimethylamine-N-oxide (TMAO), commonplace in aquatic organisms, is used as the terminal electron acceptor for respiration in many bacterial species. The TMAO reductase (Tor) pathway for respiratory catalysis is controlled by a receptor system that comprises the TMAO-binding protein TorT, the sensor histidine kinase TorS, and the response regulator TorR. Here we study the TorS/TorT sensor system to gain mechanistic insight into signaling by histidine kinase receptors. We determined crystal structures for complexes of TorS sensor domains with apo TorT and with TorT (TMAO); we characterized TorS sensor associations with TorT in solution; we analyzed the thermodynamics of TMAO binding to TorT-TorS complexes; and we analyzed in vivo responses to TMAO through the TorT/TorS/TorR system to test structure-inspired hypotheses. TorS-TorT(apo) is an asymmetric 2:2 complex that binds TMAO with negative cooperativity to form a symmetric active kinase. Copyright © 2012 Elsevier Ltd. All rights reserved.

Reimagining the learned intermediary rule for the new pharmaceutical marketplace.

PubMed

Hall, Timothy S

2004-01-01

For the past decade, the learned intermediary rule--the rule of tort law that provides that drug manufacturers may satisfy their duty to warn of a drug's dangers by warning the prescribing physician rather than the end user of the drug--has been the subject of vigorous academic debate. That debate has been largely moot, however, as the courts have proven reluctant to make significant inroads on the protection offered by the Rule to drug manufacturers. This Article proposes a new approach to the Rule. Part I discusses the history and overwhelming adoption of the Rule pursuant to the Restatement (Second) of Torts. Part II argues that changes in the health care delivery system have resulted in a legal system that introduces market distortions by effectively immunizing the pharmaceutical industry from the legal and social consequences of its own actions. Part III then sets forth a reconceptualization of the Rule, which preserves the Rule's benefits with respect to the drug industry, the health care system, and the goals of tort law, while also strengthening the protection the tort system offers to individuals injured by prescription drugs.

A Summary of Three Areas of School Law: Students' Rights, Torts, and Teachers' Rights.

ERIC Educational Resources Information Center

Curry, Michael J.

1981-01-01

The intent of this article is to provide working administrators with a synopsis of court cases and legal principles relating to student rights (search and seizure, due process in discipline cases, freedom of expression, exclusion from school); torts (assault, negligence); and teachers' rights (academic freedom, freedom of speech, employee rights).…

44 CFR 11.11 - Administrative claim; when presented; appropriate FEMA office.

Code of Federal Regulations, 2010 CFR

2010-10-01

... Federal Tort Claims Act § 11.11 Administrative claim; when presented; appropriate FEMA office. (a) For the purpose of this part, and the provisions of the Federal Tort Claims Act a claim is deemed to have been... Administrator of the FEMA Regional Office in which is employed the FEMA employee whose negligence or wrongful...

5 CFR 177.102 - Administrative claim; when presented; appropriate OPM office.

Code of Federal Regulations, 2010 CFR

2010-01-01

... SERVICE REGULATIONS ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.102 Administrative claim... have occurred as a result of the incident. (b) All claims filed under the Federal Tort Claims Act as a result of the alleged negligence or wrongdoing of OPM or its employees will be mailed or delivered to the...

39 CFR 912.9 - Final denial of claim.

Code of Federal Regulations, 2011 CFR

2011-07-01

... with the Chief Counsel, National Tort Center, U.S. Postal Service, P.O. Box 66640, St. Louis, MO 63141... the Chief Counsel, National Tort Center, U.S. Postal Service, P.O. Box 66640, St. Louis, MO 63141-0640. (d) Only one request for reconsideration of a final denial may be filed. A claimant shall have no...

29 CFR 15.2 - What definitions apply to this part?

Code of Federal Regulations, 2013 CFR

2013-07-01

... Labor Office of the Secretary of Labor ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND... Labor, 200 Constitution Avenue NW., Suite S4325, Washington, DC 20210. Telephone and fax numbers for... means the Federal Tort Claims Act, as amended, 28 U.S.C. 1346(b), 28 U.S.C. 2671, et seq. (f) MPCECA...

Torts to contract? Moving from informed consent to shared decision-making.

PubMed

Monico, Edward P; Calise, Arthur; Calabro, Joseph

2008-01-01

Many claims of medical malpractice arise from a breakdown in communication between physician and patient. As a result, medical decision-making may change from an informed consent model to a shared decision-making strategy. Shared decision-making, a contract derivative, will trigger contract obligations and change the face of medical malpractice from tort to contract.

Case-Based Instructional Practices: A Multiple-Case Study from Torts, Marketing, and Online Instructional Design Classes

ERIC Educational Resources Information Center

Jung, Ji yoon

2017-01-01

The purpose of this study is to provide a comprehensive account on case-based instructional practices. Semester-long participant observation records in torts, marketing, and online instructional design classes, instructor interviews, course syllabi and teaching materials were used to describe the within-class complexity of the practices in terms…

The Student-Athlete and the National Collegiate Athletic Association: The Need for a Prima Facie Tort Doctrine

ERIC Educational Resources Information Center

Duckworth, Roy D., III

1975-01-01

In examining whether courts have jurisdiction to hear student-athlete grievances against the National Collegiate Athletic Association (NCAA) the author rejects the position that the NCAA's activities are under cover of state law, and instead proposes that the student-athlete's remedy lies in an action against the NCAA for a prima facie tort. (JT)

Padova Charter on personal injury and damage under civil-tort law : Medico-legal guidelines on methods of ascertainment and criteria of evaluation.

PubMed

Ferrara, Santo Davide; Baccino, Eric; Boscolo-Berto, Rafael; Comandè, Giovanni; Domenici, Ranieri; Hernandez-Cueto, Claudio; Gulmen, Mete Korkut; Mendelson, George; Montisci, Massimo; Norelli, Gian Aristide; Pinchi, Vilma; Ranavaya, Mohammed; Shokry, Dina A; Sterzik, Vera; Vermylen, Yvo; Vieira, Duarte Nuno; Viel, Guido; Zoja, Riccardo

2016-01-01

Compensation for personal damage, defined as any pecuniary or non-pecuniary loss causally related to a personal injury under civil-tort law, is strictly based on the local jurisdiction and therefore varies significantly across the world. This manuscript presents the first "International Guidelines on Medico-Legal Methods of Ascertainment and Criteria of Evaluation of Personal Injury and Damage under Civil-Tort Law". This consensus document, which includes a step-by-step illustrated explanation of flow charts articulated in eight sequential steps and a comprehensive description of the ascertainment methodology and the criteria of evaluation, has been developed by an International Working Group composed of juridical and medico-legal experts and adopted as Guidelines by the International Academy of Legal Medicine (IALM).

Food Preparation Studies

DTIC Science & Technology

1974-11-01

delivery to the satellites. Specialty baked goods such as cakes, brownies, bars, cookies , pies, tortes, and coffee cakes will be made at the CFPF...products (cakes, rolls, brownies, pie crusts, and tortes) will be made with mixes, but cookies , bars, and coffee cakes generally will be made from...scratch. Production of baked goods requires the following specialized equipment: • Planetary mixers • Dough mixers • Sheeters • Pie machines

The U.S. Government’s Employment of Private Security Companies Abroad

DTIC Science & Technology

2012-03-14

discharges by PSCs from May 2008 to February 2009. These incidents included reported responses to attacks and negligent discharges.36 Military...ICoC into contracts, enabling the use of contract law, other tort law and applicable criminal law to enforce those standards in court . . . Some...enforcement of these standards through applicable tort and criminal law.97 In conclusion, PSCs will likely remain a part of the Operational

Army Medicine and the Law

DTIC Science & Technology

1964-01-01

D. Blood Alcohol Tests and Drunken Drivers E. Hypnosis in the Law F. Lie-Detectors Can Lie! G, Forensic Pathology and the Law H. The Medicolegal...The Federal Tort Claims Act, copyright, 1963. b. Consent to Medical Procedures, copyright 1963. c. Hypnosis in the Law, copyright 1964. d. Blood...Tort Claims Act, copyright 1963. b. Forensic Pathology and the Law, copyright 1964. c. Some Legal Aspects of Military Preventive Medicine, copyright

Introduction to the Tort of Negligence as It Pertains to the Medical Office. Medical Law and Economics, Lesson Plan No. 3.

ERIC Educational Resources Information Center

Young, Joan

Designed as part of a 40-hour course in medical law and economics, this lesson plan was developed to enable students to: (1) define and give examples of the tort of negligence in the medical profession; (2) distinguish between and give examples of personal and professional negligence; (3) be able to identify, for a given situation, the three major…

A review of medical malpractice issues in Malaysia under tort litigation system.

PubMed

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-04-07

Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability.

Managing moral hazard in motor vehicle accident insurance claims.

PubMed

Ebrahim, Shanil; Busse, Jason W; Guyatt, Gordon H; Birch, Stephen

2013-05-01

Motor vehicle accident (MVA) insurance in Canada is based primarily on two different compensation systems: (i) no-fault, in which policyholders are unable to seek recovery for losses caused by other parties (unless they have specified dollar or verbal thresholds) and (ii) tort, in which policyholders may seek general damages. As insurance companies pay for MVA-related health care costs, excess use of health care services may occur as a result of consumers' (accident victims) and/or producers' (health care providers) behavior - often referred to as the moral hazard of insurance. In the United States, moral hazard is greater for low dollar threshold no-fault insurance compared with tort systems. In Canada, high dollar threshold or pure no-fault versus tort systems are associated with faster patient recovery and reduced MVA claims. These findings suggest that high threshold no-fault or pure no-fault compensation systems may be associated with improved outcomes for patients and reduced moral hazard.

Autonomy, Affinity, and the Assessment of Damages: Acb v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028.

PubMed

Purshouse, Craig

2017-11-17

In ACB v Thomson Medical Pte Ltd [2017] SGCA 20 and Shaw v Kovak [2017] EWCA Civ 1028, the idea that 'lost autonomy' should be recognised as a new form of actionable damage in the tort of negligence was rejected in Singapore and England, respectively. This, it will be argued, was the correct outcome. Protecting an interest in autonomy via the tort of negligence would undermine the coherence of that tort. In ACB, however, a new, different, form of damage was recognised: loss of 'genetic affinity'. This commentary will discuss some problems that protecting an interest in 'genetic affinity' raises before critiquing the approach to assessing damages in ACB. © The Author 2017. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

Review of Medical Malpractice Issues in Malaysia under Tort Litigation System

PubMed Central

Hambali, Siti Naaishah; Khodapanahandeh, Solmaz

2014-01-01

Medical malpractice cases are a matter of much concern in many countries including Malaysia where several cases caught the attention of the public and authorities. Although comprehensive annual statistics on medical negligence claims are not available in Malaysia since such data are not collected systematically in this country there are indications of an upward trend. Medical malpractice cases have been publicized by the media, academic researchers and in government annual reports prompting government policy makers, oversight agencies and the medical profession itself to take appropriate action. The increasing dissatisfaction with the current tort litigation system requires exploring alternatives and new approaches for handling medical malpractice cases. This study aims to examine the difficulties inherent in the tort system in Malaysia for solving medical malpractice claims and evaluates the structure of this system from the perspective of effectiveness, fairness, compensation, accessibility, and accountability. PMID:24999124

To amend that portion of title 28, United States Code, commonly called the Tort Claims Act, in order to assure that individuals accompanying Federal employees who are engaged in missions for the United States Government in foreign countries have legal recourse against the Government for certain tort claims, and for other purposes.

THOMAS, 111th Congress

Rep. Snyder, Vic [D-AR-2

2009-07-21

House - 09/14/2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

Patient Safety and the Malpractice System.

PubMed

Swift, James Q

2017-05-01

The cost of health care in the United States and malpractice insurance has escalated greatly over the past 30 years. In an ideal world, the goals of the tort system would be aligned with efforts at improving safety. In fact, there is little evidence that the tort system and the processes of risk management and informed consent have improved patient safety. This article explores the disunion between patient safety and the malpractice system. Copyright © 2016 Elsevier Inc. All rights reserved.

Federal Tort Claims Act.

DTIC Science & Technology

1998-04-01

Miller v. United States, 932 F.2d 301 (4th Cir. 1991) (decedent knew of alleged delay in diagnosing breast cancer in 1984; SOL started in 1984 under...When the patient returned a year later for his annual physical, the tumor was much larger and was diagnosed as malignant. He died of cancer the...when she was told that her husband died of lung cancer . The Court of Appeals reversed and held that "[t]he cause of which a federal tort claimant must

Health courts: an alternative to traditional tort law.

PubMed

Miller, Lisa A

2011-01-01

The current adversarial tort-based system of adjudicating malpractice claims is flawed. Alternate methods of compensation for birth injuries related to oxygen deprivation or mechanical injury are being utilized in Virginia and Florida. Although utilization of both of these schemes is limited, and they are not without problems in application, both have been successful in reducing the number of malpractice claims in the tort system and in reducing malpractice premiums. While the Florida and Virginia programs are primarily focused on compensation, other models outside the US focus include compensation as well as enhanced dispute resolution and potential for clinical practice change through peer review. Experts in the fields of law and public policy in the United States have evaluated a variety of approaches and have proposed models for administrative health courts that would provide both compensation and dispute resolution for medical and nursing malpractice claims. These alternative models are based on transparency and disclosure, with just compensation for injuries, and opportunities for improvements in patient safety.

Radiation shielding evaluation of the BNCT treatment room at THOR: a TORT-coupled MCNP Monte Carlo simulation study.

PubMed

Chen, A Y; Liu, Y-W H; Sheu, R J

2008-01-01

This study investigates the radiation shielding design of the treatment room for boron neutron capture therapy at Tsing Hua Open-pool Reactor using "TORT-coupled MCNP" method. With this method, the computational efficiency is improved significantly by two to three orders of magnitude compared to the analog Monte Carlo MCNP calculation. This makes the calculation feasible using a single CPU in less than 1 day. Further optimization of the photon weight windows leads to additional 50-75% improvement in the overall computational efficiency.

Medical malpractice in American urology: 22-year national review of the impact of caps and implications for contemporary practice.

PubMed

Hsieh, Michael H; Tan, Arthur G; Meng, Maxwell V

2008-05-01

Of the economic pressures on physicians practicing in the United States medical malpractice and associated costs are a major component. State tort reform in the form of caps on noneconomic awards has been pursued to control insurance premiums and improve patient access to care. We comprehensively examined jury verdicts involving urologists and determined the nature of these cases and their relationship to changes in tort reform. We searched the LexisNexis database for all malpractice cases involving urologists using the search terms urologist and malpractice. The query included all cases between 1984 and 2005, which were categorized by state, year, amount and the nature of the injury. We identified 322 jury verdict cases, of which 175 (54%) were in favor of the defendant. In states with caps the median verdict settlement within or outside the periods of caps was $350,000 and $150,000, respectively. States without caps had a median verdict or settlement of $491,500. However, the number of suits and the size of the verdict/settlement in states with and without caps during this period did not appear to be related to tort reform. Common clinical situations, such as prostate cancer and transurethral prostate resection, accounted for most suits. Although the concept and goals of malpractice caps seem desirable, there is little evidence that decreased physician premiums and improved access to care have been achieved via tort reform. Thus, while state and national legislative efforts to limit the economic burden on urologists continue, the specialty of urology must look to other approaches to improve the situation.

An Asymmetry-to-Symmetry Switch in Signal Transmission by the Histidine Kinase Receptor for TMAO

PubMed Central

Moore, Jason O.; Hendrickson, Wayne A.

2012-01-01

Summary The osmoregulator trimethylamine-N-oxide (TMAO), commonplace in aquatic organisms, is used as the terminal electron acceptor for respiration in many bacterial species. The TMAO reductase (Tor) pathway for respiratory catalysis is controlled by a receptor system that comprises the TMAO-binding protein TorT, the sensor histidine kinase TorS and the response regulator TorR. Here we study the TorS/TorT sensor system to gain mechanistic insight into signaling by histidine kinase receptors. We determined crystal structures for complexes of TorS sensor domains with apo TorT and with TorT(TMAO); we characterized TorS sensor associations with TorT in solution; we analyzed the thermodynamics of TMAO binding to TorT-TorS complexes; and we analyzed in vivo responses to TMAO through the TorT/TorS/TorR system to test structure-inspired hypotheses. TorS-TorT(apo) is an asymmetric 2:2 complex that binds TMAO with negative cooperativity to form a symmetric active kinase. PMID:22483119

Adjoint acceleration of Monte Carlo simulations using TORT/MCNP coupling approach: a case study on the shielding improvement for the cyclotron room of the Buddhist Tzu Chi General Hospital.

PubMed

Sheu, R J; Sheu, R D; Jiang, S H; Kao, C H

2005-01-01

Full-scale Monte Carlo simulations of the cyclotron room of the Buddhist Tzu Chi General Hospital were carried out to improve the original inadequate maze design. Variance reduction techniques are indispensable in this study to facilitate the simulations for testing a variety of configurations of shielding modification. The TORT/MCNP manual coupling approach based on the Consistent Adjoint Driven Importance Sampling (CADIS) methodology has been used throughout this study. The CADIS utilises the source and transport biasing in a consistent manner. With this method, the computational efficiency was increased significantly by more than two orders of magnitude and the statistical convergence was also improved compared to the unbiased Monte Carlo run. This paper describes the shielding problem encountered, the procedure for coupling the TORT and MCNP codes to accelerate the calculations and the calculation results for the original and improved shielding designs. In order to verify the calculation results and seek additional accelerations, sensitivity studies on the space-dependent and energy-dependent parameters were also conducted.

Medical malpractice reform and employer-sponsored health insurance premiums.

PubMed

Morrisey, Michael A; Kilgore, Meredith L; Nelson, Leonard Jack

2008-12-01

Tort reform may affect health insurance premiums both by reducing medical malpractice premiums and by reducing the extent of defensive medicine. The objective of this study is to estimate the effects of noneconomic damage caps on the premiums for employer-sponsored health insurance. Employer premium data and plan/establishment characteristics were obtained from the 1999 through 2004 Kaiser/HRET Employer Health Insurance Surveys. Damage caps were obtained and dated based on state annotated codes, statutes, and judicial decisions. Fixed effects regression models were run to estimate the effects of the size of inflation-adjusted damage caps on the weighted average single premiums. State tort reform laws were identified using Westlaw, LEXIS, and statutory compilations. Legislative repeal and amendment of statutes and court decisions resulting in the overturning or repealing state statutes were also identified using LEXIS. Using a variety of empirical specifications, there was no statistically significant evidence that noneconomic damage caps exerted any meaningful influence on the cost of employer-sponsored health insurance. The findings suggest that tort reforms have not translated into insurance savings.

Medical Malpractice Damage Caps and Provider Reimbursement.

PubMed

Friedson, Andrew I

2017-01-01

A common state legislative maneuver to combat rising healthcare costs is to reform the tort system by implementing caps on noneconomic damages awardable in medical malpractice cases. Using the implementation of caps in several states and large database of private insurance claims, I estimate the effect of damage caps on the amount providers charge to insurance companies as well as the amount that insurance companies reimburse providers for medical services. The amount providers charge insurers is unresponsive to tort reform, but the amount that insurers reimburse providers decreases for some procedures. Copyright © 2015 John Wiley & Sons, Ltd. Copyright © 2015 John Wiley & Sons, Ltd.

[Italian Decree D.lgs 231/2001--"Regulations regarding administrative responsibilities of corporate bodies of Companies and Associations including those not legally recognized"--an organizational model for the healthcare area].

PubMed

Roberti, Giovanni; Fiore, Rosalia; Franco, Claudia; Pimpinella, Giovanni; Piscioneri, Patrizia

2010-01-01

Healthcare organizations must implement organizational and management models of regulation and control systems for effectively preventing possible administrative torts by personnel. We define an organizational management and control model for healthcare organizations, based on the legal dispositions of Decree n.231/2001. The model identifies critical points in the administrative and healthcare services delivery processes that are at high-risk of violations to the code. Its primary aim is to prevent torts by the personnel and safeguard the organization at the same time.

Medical Malpractice Reform and Employer-Sponsored Health Insurance Premiums

PubMed Central

Morrisey, Michael A; Kilgore, Meredith L; Nelson, Leonard (Jack)

2008-01-01

Objective Tort reform may affect health insurance premiums both by reducing medical malpractice premiums and by reducing the extent of defensive medicine. The objective of this study is to estimate the effects of noneconomic damage caps on the premiums for employer-sponsored health insurance. Data Sources/Study Setting Employer premium data and plan/establishment characteristics were obtained from the 1999 through 2004 Kaiser/HRET Employer Health Insurance Surveys. Damage caps were obtained and dated based on state annotated codes, statutes, and judicial decisions. Study Design Fixed effects regression models were run to estimate the effects of the size of inflation-adjusted damage caps on the weighted average single premiums. Data Collection/Extraction Methods State tort reform laws were identified using Westlaw, LEXIS, and statutory compilations. Legislative repeal and amendment of statutes and court decisions resulting in the overturning or repealing state statutes were also identified using LEXIS. Principal Findings Using a variety of empirical specifications, there was no statistically significant evidence that noneconomic damage caps exerted any meaningful influence on the cost of employer-sponsored health insurance. Conclusions The findings suggest that tort reforms have not translated into insurance savings. PMID:18522666

The impact of Wyeth v. Levine on FDA regulation of prescription drugs.

PubMed

Ausness, Richard C

2010-01-01

In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This Article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. The Article first discusses the preemption doctrine and its application to state law tort claims against product manufacturers. It then reviews the history of implied preemption of tort claims against manufacturers of FDA-approved prescription drugs prior to Wyeth and then discusses the Wyeth decisions in the Vermont Supreme Court and the United States Supreme Court. Finally, the Article evaluates some of the prescription drug preemption cases that have been decided in the lower federal courts since Wyeth and suggests that these courts are now reluctant to preempt failure to warn claims unless a manufacturer affirmatively seeks permission from FDA to change a drug's labeling.

The impact of the Daubert case on modern litigation.

PubMed

Mavroforou, Anna; Michalodimitrakis, Emmanuel

2008-12-01

Numerous product liability and toxic tort verdicts were arguably unjustly made on the basis of "junk science" threatening not only justice but the workings of the American economy. This problem was expected to be solved with the application of Daubert criteria, which require the courts to determine whether an expert's testimony reflects scientific knowledge, whether his/her findings are derived by the scientific method, and whether the work product is based on good science. Moreover, the Daubert criteria were expected to have an extraordinary impact on criminal litigation because there is rarely a criminal trial that does not rely on some form of expert testimony. However, there has been some debate on how such standards should be applied to cases involving relatively new product technologies, which only recently have been approved for a specific use, when an incident occurs and for which no published articles or other peer review summaries exist. Additionally, because most violent crimes are committed by the poor and their court appointed advocates, who are overworked and under-financed, are not up to the challenge. Therefore, with the Daubert standards for the admissibility of scientific evidence in the courts alone no significant improvement is expected. The presence of a system of effective representation in criminal cases along with efforts to educate judges and courts to understand ranges of scientific evidence and to recognise the reasonableness of scientific disagreements in civil and criminal cases are of paramount importance.

Indoor air quality and the law in Singapore.

PubMed

Chan, P

1999-12-01

With the greater use of air-conditioned offices in Singapore, achieving good indoor air quality has become an important issue. The laws that impose duties upon designers and contractors with respect to the design and construction of air-conditioning and mechanical ventilation (ACMV) systems are set out in the Building Control Regulations and the Singapore Standard Code of Practice for Mechanical Ventilation and Air-conditioning in Buildings (hereinafter "SS CP 13:1980"). ACMV maintenance is governed by the Environmental Public Health Act, the Building and Common Property (Maintenance and Management) Act, and the Land Titles (Strata) Act, as well as by lease or tenancy agreements. Designers, contractors, developers, building owners and management corporations may also be liable to the workers, occupants and other premises users for indoor air quality (IAQ)-related injuries under the general principles of contract and tort. Recently, the Guidelines for Good Indoor Air Quality in Office Premises was issued by the Ministry of Environment to complement SS CP 13:1980 toward improving the indoor air quality of air-conditioned office premises. Although the Guidelines have no statutory effect, they may be adopted as contractual requirements in construction, lease and maintenance contracts. They may also be used to determine the relevant standard of duty of care required to discharge tortious liability. This paper looks at the existing laws and rules affecting the design, construction and maintenance of air-conditioned offices in light of Part III of the Ministry's Guidelines.

Resolving Malpractice Claims after Tort Reform: Experience in a Self-Insured Texas Public Academic Health System.

PubMed

Sage, William M; Harding, Molly Colvard; Thomas, Eric J

2016-12-01

To describe the litigation experience in a state with strict tort reform of a large public university health system that has committed to transparency with patients and families in resolving medical errors. Secondary data collected from The University of Texas System, which self-insures approximately 6,000 physicians at six health campuses across the state. We obtained internal case management data for all medical malpractice claims closed during 1 year before and 6 recent years following the enactment of state tort reform legislation. We retrospectively reviewed information about malpractice claimants, malpractice claims, and the process and outcome of dispute resolution. We accessed an internal case management database, supplemented by both electronic and paper records compiled by the university's Office of General Counsel. Closed claims dropped from 244 in 2001-2002 to an annual mean of 96 in 2009-2015, closures following lawsuits from 136 in 2001-2002 to an annual mean of 28 in 2009-2015, and paid claims from 60 in 2001 to an annual mean of 20 in 2009-2015. Patterns of resolution suggest efforts by the university to provide some compensation to injured patients in cases that were no longer economically viable for plaintiffs' lawyers to litigate. The percentage of payments relating to cases in which lawsuits had been filed decreased from 82 percent in 2001-2002 to 47 percent in 2009-2012 and again to 29 percent in 2012-2015, although most paid claimants were represented by attorneys. Unrepresented patients received payment in 13 cases closed in 2009-2012 (22 percent of payments; mean amount $60,566) and in 24 cases closed in 2012-2015 (41 percent of payments; mean amount $109,410). Even after tort reform, however, claims that resulted in payment remained slow to resolve, which was worsened for claimants subject to Medicare secondary payer rules. Strict confidentiality became a more common condition of settlement, although restrictions were subsequently relaxed in order to further transparency and improve patient safety. Malpractice litigation risk diminished substantially for a public university health system in Texas following legal changes that reduced rights to sue and available damages. Health systems operating in a low-tort environment should work with policy makers, plaintiffs' attorneys, and patient groups to assist unrepresented patients, facilitate early mediation, limit nondisclosure obligations following settlement, and expedite the resolution of Medicare liens. © Health Research and Educational Trust.

7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

Code of Federal Regulations, 2010 CFR

2010-01-01

... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

Negligence, genuine error, and litigation

PubMed Central

Sohn, David H

2013-01-01

Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in the United States; and review current and future solutions, including medical malpractice reform, alternative dispute resolution, health courts, and no-fault compensation systems. The current political environment favors investigation of non-cap tort reform remedies; investment into more rational oversight systems, such as health courts or no-fault systems may reap both quantitative and qualitative benefits for a less costly and safer health system. PMID:23426783

Establishing breach of the duty of care in the tort of negligence.

PubMed

Tingle, John

This article, the third in a series on clinical negligence, looks at the law surrounding breach of the duty of care in negligence. It shows some of the principles that judges and lawyers use in order to decide whether a person has broken his/her duty of care in the tort of negligence. It will be seen that the principles are contained in decided court cases, some of which are quite old but are still relevant today. The focus of this article is on the rule that courts, in deciding the issue of a breach of duty of care, would judge the defendant's conduct by the standard of what the hypothetical, 'reasonable person' would have done in the circumstances of the case.

State and Regional Control of Geological Carbon Sequestration

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

Reitze, Arnold; Durrant, Marie

2011-03-01

The United States has economically recoverable coal reserves of about 261 billion tons, which is in excess of a 250-­year supply based on 2009 consumption rates. However, in the near future the use of coal may be legally restricted because of concerns over the effects of its combustion on atmospheric carbon dioxide concentrations. Carbon capture and geologic sequestration offer one method to reduce carbon emissions from coal and other hydrocarbon energy production. While the federal government is providing increased funding for carbon capture and sequestration, recent congressional legislative efforts to create a framework for regulating carbon emissions have failed. However,more » regional and state bodies have taken significant actions both to regulate carbon and facilitate its capture and sequestration. This article explores how regional bodies and state government are addressing the technical and legal problems that must be resolved in order to have a viable carbon sequestration program. Several regional bodies have formed regulations and model laws that affect carbon capture and storage, and three bodies comprising twenty-three states—the Regional Greenhouse Gas Initiative, the Midwest Regional Greenhouse Gas Reduction Accord, and the Western Climate initiative—have cap-­and-trade programs in various stages of development. State property, land use and environmental laws affect the development and implementation of carbon capture and sequestration projects, and unless federal standards are imposed, state laws on torts and renewable portfolio requirements will directly affect the liability and viability of these projects. This paper examines current state laws and legislative efforts addressing carbon capture and sequestration.« less

How a Lumbar Diskectomy Influenced Medical Malpractice and the Landscape of Health Care.

PubMed

Yang, Brian W; Bi, Wenya Linda; Smith, Timothy R; Brewster, Ryan; Gormley, William B; Dunn, Ian F; Laws, Edward R

2016-02-01

Jeff Chandler was one of Hollywood's top leading men in the 1950s and 1960s. In 1961, at the peak of his career, Chandler died of complications following an aortic-iliac injury during a routine lumbar diskectomy. The subsequent public outcry and malpractice suit resulted in an unprecedented settlement award. Chandler's lawsuit marked a pivotal time in the evolution of medical malpractice and monetary awards. Before 1960, malpractice legal claims were rare, with little impact on the practice of medicine. Chandler's award, however, dwarfed the average malpractice verdict for its time and would influence the relationship between medicine and the legal world. This case helped issue a radical increase in total expenditure on medical liability insurance, frequency of successful claims, average numbers of neurosurgical malpractice suits, and financial award sizes. The trend ensuing from this time has continued to the contemporary era. To link Chandler's case to the current malpractice climate, we highlight the relationship of the case with 3 factors comprising the legal argument for the perpetuation of medical malpractice: 1) contingency fees, 2) citizen juries, and 3) the nature of tort law. This case illustrates an inflection point in American medical malpractice expenditure increases beginning in the 1960s to a current estimated $55.6 billion. As we investigate ways to provide value in health care, it is important to consider the historical factors that have influenced the status quo when seeking strategies to reform the malpractice system on both sides of the value equation: quality and cost. Copyright © 2016 Elsevier Inc. All rights reserved.

The impact of tort reform on intensity of treatment: evidence from heart patients.

PubMed

Avraham, Ronen; Schanzenbach, Max

2015-01-01

This paper analyzes the effect of non-economic damage caps on the treatment intensity of heart attack victims. We focus on whether a patient receives a major intervention in the form of either a coronary artery by-pass or angioplasty. We find strong evidence that treatment intensity declines after a cap on non-economic damages. The probability of receiving a major intervention in the form of either an angioplasty or bypass declines by 1.25-2 percentage points after non-economic damage caps are enacted, and this effect is larger a year or two after reform. However, we also find clear evidence of substitution between major interventions. When doctors have discretion to perform a by-pass and patients have insurance coverage, caps on non-economic damages increase the probability that a by-pass is performed. The effect of non-economic damage caps on costs is not always statistically significant, but in models with state-specific trends, total costs decline by as much as four percent. We conclude that tort reform reduces treatment intensity overall, even though it changes the mix of treatments. Using the Center for Disease Control's Vital Statistics data, we find that tort reform is not associated with an increase in mortality from coronary heart disease; if anything, mortality declines. Copyright © 2014 Elsevier B.V. All rights reserved.

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...

Multitasking the three-dimensional transport code TORT on CRAY platforms

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

Azmy, Y.Y.; Barnett, D.A.; Burre, C.A.

1996-04-01

The multitasking options in the three-dimensional neutral particle transport code TORT originally implemented for Cray`s CTSS operating system are revived and extended to run on Cray Y/MP and C90 computers using the UNICOS operating system. These include two coarse-grained domain decompositions; across octants, and across directions within an octant, termed Octant Parallel (OP), and Direction Parallel (DP), respectively. Parallel performance of the DP is significantly enhanced by increasing the task grain size and reducing load imbalance via dynamic scheduling of the discrete angles among the participating tasks. Substantial Wall Clock speedup factors, approaching 4.5 using 8 tasks, have been measuredmore » in a time-sharing environment, and generally depend on the test problem specifications, number of tasks, and machine loading during execution.« less

Development of burnup dependent fuel rod model in COBRA-TF

NASA Astrophysics Data System (ADS)

Yilmaz, Mine Ozdemir

The purpose of this research was to develop a burnup dependent fuel thermal conductivity model within Pennsylvania State University, Reactor Dynamics and Fuel Management Group (RDFMG) version of the subchannel thermal-hydraulics code COBRA-TF (CTF). The model takes into account first, the degradation of fuel thermal conductivity with high burnup; and second, the fuel thermal conductivity dependence on the Gadolinium content for both UO2 and MOX fuel rods. The modified Nuclear Fuel Industries (NFI) model for UO2 fuel rods and Duriez/Modified NFI Model for MOX fuel rods were incorporated into CTF and fuel centerline predictions were compared against Halden experimental test data and FRAPCON-3.4 predictions to validate the burnup dependent fuel thermal conductivity model in CTF. Experimental test cases from Halden reactor fuel rods for UO2 fuel rods at Beginning of Life (BOL), through lifetime without Gd2O3 and through lifetime with Gd 2O3 and a MOX fuel rod were simulated with CTF. Since test fuel rod and FRAPCON-3.4 results were based on single rod measurements, CTF was run for a single fuel rod surrounded with a single channel configuration. Input decks for CTF were developed for one fuel rod located at the center of a subchannel (rod-centered subchannel approach). Fuel centerline temperatures predicted by CTF were compared against the measurements from Halden experimental test data and the predictions from FRAPCON-3.4. After implementing the new fuel thermal conductivity model in CTF and validating the model with experimental data, CTF model was applied to steady state and transient calculations. 4x4 PWR fuel bundle configuration from Purdue MOX benchmark was used to apply the new model for steady state and transient calculations. First, one of each high burnup UO2 and MOX fuel rods from 4x4 matrix were selected to carry out single fuel rod calculations and fuel centerline temperatures predicted by CTF/TORT-TD were compared against CTF /TORT-TD /FRAPTRAN predictions. After confirming that the new fuel thermal conductivity model in CTF worked and provided consistent results with FRAPTRAN predictions for a single fuel rod configuration, the same type of analysis was carried out for a bigger system which is the 4x4 PWR bundle consisting of 15 fuel pins and one control guide tube. Steady- state calculations at Hot Full Power (HFP) conditions for control guide tube out (unrodded) were performed using the 4x4 PWR array with CTF/TORT-TD coupled code system. Fuel centerline, surface and average temperatures predicted by CTF/TORT-TD with and without the new fuel thermal conductivity model were compared against CTF/TORT-TD/FRAPTRAN predictions to demonstrate the improvement in fuel centerline predictions when new model was used. In addition to that constant and CTF dynamic gap conductance model were used with the new thermal conductivity model to show the performance of the CTF dynamic gap conductance model and its impact on fuel centerline and surface temperatures. Finally, a Rod Ejection Accident (REA) scenario using the same 4x4 PWR array was run both at Hot Zero Power (HZP) and Hot Full Power (HFP) condition, starting at a position where half of the control rod is inserted. This scenario was run using CTF/TORT-TD coupled code system with and without the new fuel thermal conductivity model. The purpose of this transient analysis was to show the impact of thermal conductivity degradation (TCD) on feedback effects, specifically Doppler Reactivity Coefficient (DRC) and, eventually, total core reactivity.

13 CFR 114.103 - Who may file a claim?

Code of Federal Regulations, 2010 CFR

2010-01-01

... THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES Administrative.... Death The executor, administrator, or legal representative of the decedent's estate, or any other person...

On the Firing Line: Negligence in Physical Education

ERIC Educational Resources Information Center

Drowatzky, John N.

1977-01-01

Discusses teachers' vulnerability to tort actions for negligence in physical education classes, and suggests guidelines for proper teacher behavior, based on analysis of court cases in various states. (JG)

32 CFR 750.1 - Scope of subpart A.

Code of Federal Regulations, 2010 CFR

2010-07-01

... for the administration and supervision of the resolution of claims arising under the Federal Tort... the general provisions of this subpart A conflict with the specific provisions of any subsequent...

NO-FAULT COMPENSATION FOR MEDICAL INJURIES: TRENDS AND CHALLENGES.

PubMed

Kassim, Puteri Nemie

2014-12-01

As an alternative to the tort or fault-based system, a no-fault compensation system has been viewed as having the potential to overcome problems inherent in the tort system by providing fair, speedy and adequate compensation for medically injured victims. Proponents of the suggested no-fault compensation system have argued that this system is more efficient in terms of time and money, as well as in making the circumstances in which compensation is paid, much clearer. However, the arguments against no-fault compensation systems are mainly on issues of funding difficulties, accountability and deterrence, particularly, once fault is taken out of the equation. Nonetheless, the no-fault compensation system has been successfully implemented in various countries but, at the same time, rejected in some others, as not being implementable. In the present trend, the no-fault system seems to fit the needs of society by offering greater access to justice for medically injured victims and providing a clearer "road map" towards obtaining suitable redress. This paper aims at providing the readers with an overview of the characteristics of the no fault compensation system and some examples of countries that have implemented it. Qualitative Research-Content Analysis. Given the many problems and hurdles posed by the tort or fault-based system, it is questionable that it can efficiently play its role as a mechanism that affords fair and adequate compensation for victims of medical injuries. However, while a comprehensive no-fault compensation system offers a tempting alternative to the tort or fault-based system, to import such a change into our local scenario requires a great deal of consideration. There are major differences, mainly in terms of social standing, size of population, political ideology and financial commitment, between Malaysia and countries that have successfully implemented no-fault systems. Nevertheless, implementing a no-fault compensation system in Malaysia is not entirely impossible. A custom-made no-fault model tailored to suit our local scenario can be promising, provided that a thorough research is made, assessing the viability of a no-fault system in Malaysia, addressing the inherent problems and, consequently, designing a workable no-fault system in Malaysia.

32 CFR 757.4 - Claims that may be collected.

Code of Federal Regulations, 2010 CFR

2010-07-01

... members and Government employees for damages caused by their simple negligence while acting within the... 2101-2). Collection action shall be taken against third parties liable in tort. Collection action shall...

38 CFR 17.111 - Copayments for extended care services.

Code of Federal Regulations, 2010 CFR

2010-07-01

... payments, black lung payments, tort settlement payments, social security payments, court mandated payments... or services authorized under 38 U.S.C. 1720E for certain veterans regarding cancer of the head or...

13 CFR 114.101 - What do these regulations cover?

Code of Federal Regulations, 2010 CFR

2010-01-01

... CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT AND REPRESENTATION AND INDEMNIFICATION OF SBA EMPLOYEES... property, personal injury, or death arising from the negligent or wrongful act or omission of any SBA...

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...

THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

PubMed

Bărcan, Cristian

2015-01-01

Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

46 CFR 298.38 - Partnership agreements and limited liability company agreements.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

29 CFR 4219.11 - Withdrawal liability upon mass withdrawal.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Withdrawal liability upon mass withdrawal. 4219.11 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.11 Withdrawal liability upon mass withdrawal. (a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a mass...

29 CFR 4219.11 - Withdrawal liability upon mass withdrawal.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 9 2011-07-01 2011-07-01 false Withdrawal liability upon mass withdrawal. 4219.11 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.11 Withdrawal liability upon mass withdrawal. (a) Initial withdrawal liability. The plan sponsor of a multiemployer plan that experiences a mass...

Environmental liability and redevelopment of old industrial land.

PubMed

Sigman, Hilary

2010-01-01

Many communities are concerned about the reuse of potentially contaminated land (brownfields) and believe that environmental liability is a hindrance to redevelopment. However, with land price adjustments, liability might not impede the reuse of this land. This article studies state liability rules-specifically, strict liability and joint and several liability-that affect the level and distribution of expected costs of private cleanup. It explores the effects of this variation on industrial land prices and vacancy rates and on reported brownfields in a panel of cities across the United States. In the estimated equations, joint and several liability reduces land prices and increases vacancy rates in central cities. The results suggest that liability is at least partly capitalized but does still deter redevelopment.

44 CFR 11.15 - Authority to adjust, determine, compromise and settle.

Code of Federal Regulations, 2010 CFR

2010-10-01

... MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort... this part, any claim for $200 or less which is based on alleged negligence or wrongful act or omission...

25 CFR 10.4 - What happens if the policies and standards are not followed?

Code of Federal Regulations, 2010 CFR

2010-04-01

... of the tribes and the Federal government through tort claims. Funding sources for detention programs... funding from potential resource sharing agreements with other law enforcement agencies may be damaged...

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.

Association Between State Medical Malpractice Environment and Surgical Quality and Cost in the United States.

PubMed

Bilimoria, Karl Y; Sohn, Min-Woong; Chung, Jeanette W; Minami, Christina A; Oh, Elissa H; Pavey, Emily S; Holl, Jane L; Black, Bernard S; Mello, Michelle M; Bentrem, David J

2016-06-01

The US medical malpractice system is designed to deter negligence and encourage quality of care through threat of liability. To examine whether state-level malpractice environment is associated with outcomes and costs of colorectal surgery. Observational study of 116,977 Medicare fee-for-service beneficiaries who underwent colorectal surgery using administrative claims data. State-level malpractice risk was measured using mean general surgery malpractice insurance premiums; paid claims per surgeon; state tort reforms; and a composite measure. Associations between malpractice environment and postoperative outcomes and price-standardized Medicare payments were estimated using hierarchical logistic regression and generalized linear models. thirty-day postoperative mortality; complications (pneumonia, myocardial infarction, venous thromboembolism, acute renal failure, surgical site infection, postoperative sepsis, any complication); readmission; total price-standardized Medicare payments for index hospitalization and 30-day postdischarge episode-of-care. Few associations between measures of state malpractice risk environment and outcomes were identified. However, analyses using the composite measure showed that patients treated in states with greatest malpractice risk were more likely than those in lowest risk states to experience any complication (OR: 1.31; 95% CI: 1.22-1.41), pneumonia (OR: 1.36; 95%: CI, 1.16-1.60), myocardial infarction (OR: 1.44; 95% CI: 1.22-1.70), venous thromboembolism (OR:2.11; 95% CI: 1.70-2.61), acute renal failure (OR: 1.34; 95% CI; 1.22-1.47), and sepsis (OR: 1.38; 95% CI: 1.24-1.53; all P < 0.001). There were no consistent associations between malpractice environment and Medicare payments. There were no consistent associations between state-level malpractice risk and higher quality of care or Medicare payments for colorectal surgery.

Patient's autonomy of will in Polish law.

PubMed

Swiderska, Małgorzata

2012-09-01

A principle of Polish legislation is that the evidence of legality for any medical intervention is the patient's consent. The issue is directly referred to by both the Patient's Rights Act from 2008 and the Medical Profession Act from 1996. The patient's consent may be given after obtaining reliable, accessible and thorough information about all stages of medical intervention: diagnosis, therapy prospects or rehabilitation. The extent of information about the potential risk of medical treatment should include the typically foreseeable results, which usually brings the matter down to typical risk. However, there are interventions, which bear greater risk, and even though it can't be considered typical, it should also be mentioned, despite the fact that the postulate of tactfulness should be respected here. The burden of proof that appropriate information has been given lies upon the doctor. Thus default consent, especially one given on being admitted to hospital, to all medical actions isn't valid in legal terms. The role of forms including standard information for giving consent is limited. Polish law doesn't regulate this issue, and other forms of indirect communication are used as auxiliary and cannot replace direct contact between a patient and a doctor. According to the Patient's Rights Act, in case of deliberate breach of those rights, the court can grant the aggrieved party with an appropriate sum as financial compensation for the harm sustained or an appropriate sum of money for the charity chosen by the aggrieved party. It is a legal basis for claiming compensation for non-material harm in case of a breach of the patient's right to give consent. It is possible both in case of liability in tort, as well as contractual claims.

High and low-risk specialties experience with the U.S. medical malpractice system

PubMed Central

2013-01-01

Background “High-liability risk specialties” tend to be the focus of medical malpractice system research and debate, but concerns and fears are not limited to this group. The objective of this study was to examine whether “high-liability risk” medical specialties have a different experience with the malpractice system than “low-liability risk” specialties. Methods We reviewed claims data from the Physician Insurers Association of America’s Data Sharing Project between January 1985 and December 2008. We used linear regression, controlling for year, to determine how liability risk affected outcomes of interest. Results In high-liability risk specialties, 33% of claims result in indemnity payments compared to 28% for low-liability risk specialties (p < 0.001). The average indemnity payment for high-liability risk specialties was $315,314 compared to $267,146 for low-liability risk specialties (p = 0.25). Although only a small percentage of claims go to trial, low-liability risk specialties have significantly more claims that are ultimately dropped, withdrawn or dismissed, while high-liability risk specialties have significantly more claims that result in plaintiff settlement (p < 0.001). Conclusions Malpractice risk exists for all specialties. Variability in indemnity costs are found in both high- and low-liability risk specialties. Differences in the reasons for which claims are initiated for high- and low-liability risk specialties likely necessitate different risk management solutions. PMID:24192524

32 CFR 750.44 - Claims not payable.

Code of Federal Regulations, 2010 CFR

2010-07-01

... death which was proximately caused, in whole or in part, by any negligence or wrongful act on the part... Chapter. (4) Federal Tort Claims Act. 28 U.S.C. 2671, 2672, and 2674-2680. (5) International Agreements...

40 CFR 1620.2 - Administrative claim; when presented.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ADMINISTRATIVE CLAIMS ARISING UNDER THE FEDERAL TORT CLAIMS ACT § 1620.2 Administrative claim; when presented. (a... negligence or wrongful act or omission of the CSB or its employees must be mailed or delivered to the Office...

5 CFR 177.106 - Authority to adjust, determine, compromise, and settle.

Code of Federal Regulations, 2010 CFR

2010-01-01

... SERVICE REGULATIONS ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 177.106 Authority to adjust... alleged negligence or wrongful act or omission of an OPM employee, with the exception of claims involving...

32 CFR 842.95 - Non-assertable claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842...) Reimbursement for military or civilian employees for their negligence claims paid by the United States. (b) Loss...

Changing Patterns in Illinois' School Tort Immunity.

ERIC Educational Resources Information Center

Gardner, Shelley B.

1979-01-01

It appears that Illinois law no longer grants full parental immunity to school districts and their employees. Available from IIT/Chicago-Kent College of Law, 77 South Wacker Drive, Chicago, IL 60606; single copies $5.00. (Author)

37 CFR 104.42 - Finality of settlement or denial of claims.

Code of Federal Regulations, 2010 CFR

2010-07-01

... TRADEMARK OFFICE, DEPARTMENT OF COMMERCE ADMINISTRATION LEGAL PROCESSES Tort Claims § 104.42 Finality of... or denial of any claim under this subpart may be considered final for the purpose of judicial review. ...

Consumer-defined health plans: emerging challenges from tort and contract.

PubMed

Morreim, E Haavi

2006-01-01

The emergence of Consumer-Defined Health Plans with large deductibles means that many people will be financially responsible for all or most of their healthcare during any given year. This increasing exposure to costs will bring important changes in the physician-patient relationship, as patients seek more information about the care their physicians propose. Litigation can be anticipated in two areas. First, in tort law, informed consent claims may allege that providers failed to disclose the likely costs and medical importance of their care. Second, in contract law, patients may challenge the reasonableness of the prices they are charged. This Article explores potential causes of action in both areas. Ultimately, increasing transparency of pricing may lend greater rationality not only to pricing structures but also, it is to be hoped, to healthcare itself, as cost-worthiness of care assumes higher priority in medical decisionmaking.

The jurisprudential nature of fraud in biomedical publishing.

PubMed

Candlish, John

2008-06-01

When instances of fraud in biomedical publishing come to light there is widespread indignation, not least because the consequences seem usually only to be internal enquiries and professional displeasure. A number of bodies have been constituted to improve publishing ethics and but these are largely advisory. Potentially though, actions in the tort of deceit and negligence, possibly misfeasance in a public office, and loss of chance could be brought against those responsible. These aspects are examined in the context of English law. In addition the new Fraud Act (2006) appears to be wide enough in scope to cover publishing fraud as a criminal offence. Any organisation such as a drug company financing clinical trials which produce spurious results could face serious losses and might well look to remedies in contract as well as in tort. A theoretical scenario centered on a drug trial is presented in order to explore these issues.

The tort liability of the psychiatrist.

PubMed

Fishalow, S E

1975-01-01

It is indisputable that claims against psychiatrists are now reaching a new level of significance. Verdicts are being returned against more defendants, in a widening circle of liability, and for amounts which are ever increasing. The following caveats should be observed by all psychiatrists: 1. Diagnosis The psychiatrist must act with that degree of skill and care common to others in his specialty when diagnosing a patient. The diagnosis should be periodically reviewed. 2. Shock therapies a. The psychiatrist must obtain informed consent before proceeding. If the patient is incapable of consent for any reason, efforts should be made to communicate with a close relative or guardian. b. Proper premedication must be administered. c. Equipment and personnel to handle cardiorespiratory emergencies must be immediately available. d. Diligent care and observation must be supplied for a reasonable period of time after the treatment. 3. Drug therapy a. The psychiatrist must obtain informed consent (see 2-a above). b. Close attention should be paid to the manufacturer's package insert. c. Extreme caution must be observed in prescribing dangerous drugs for a potentially suicidal patient. 4. Suicides Reasonable skill and diligence must be applied a. to determine the likelihood of a patient's committing suicide, and b. to protect the patient once suicidal tendencies have been diagnosed. 5. Injuries to third parties The same considerations apply as were noted in "Suicides." 6. Confidentiality: duty to warn a. Before making any disclosures as to the mental state of his patient, a psychiatrist should be certain that he is protected by privilege (e.g., judicial immunity) or by the prior consent of the patient. b. However, Tarasoff (supra, p. 210 ff.) may impose on the psychiatrist an affirmative duty to warn a party whose life or safety has been threatened in a disclosure to the psychiatrist. Competing interests must be carefully balanced. 7. Commitment The psychiatrist must exercise due care and diligence in examining patients for commitment proceedings, taking care to see that there is probable cause. 8. Psychotherapy a. In addition to ordinary care and skill, the psychiatrist owes his patient the duty of maintaining the trust established in the therapist-patient relationship. b. The psychiatrist bears the burden of establishing the justification of any innovative therapy, particularly should he become sexually or socially involved with the patient. While adherence to the above admonitions will not guarantee verdicts for defendant psychiatrists, it will hopefully reduce the professional, financial, and emotional costs of litigation.

76 FR 13656 - Notice of Submission of Proposed Information Collection to OMB Requirement for Contractors to...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-03-14

... insurance provide evidence that worker's compensation and general liability, automobile liability insurance... insurance provide evidence that worker's compensation and general liability, automobile liability insurance...

Recovering from research: a no-fault proposal to compensate injured research participants.

PubMed

Pike, Elizabeth R

2012-01-01

National advisory committees have considered the obligations owed to research participants in the event of research-related injuries. These committees have repeatedly concluded that injured research participants are entitled to compensation for their injuries, that the tort system provides inadequate remedies, and that the United States should adopt no-fault compensation. But because the advisory committees have made no concrete proposals and have taken no steps toward implementing no-fault compensation, the United States continues to rely on the tort system to compensate injured research participants. This Article argues that recent legal developments and a transformation in the global research landscape make maintaining the status quo morally indefensible and practically unsustainable. Recent legal developments exacerbate the longstanding difficulties associated with the tort system as a method of compensation; nearly every injured research participant will have difficulty recovering damages, and certain classes of injured research participants--those in federal research and those abroad--are prevented from recovering altogether, resulting in substantial unfairness. In the past ten years, many of the countries substantially involved in research have mandated systematic compensation. By not mandating compensation, the United States has become a moral outlier and risks having its noncompliant research embargoed by foreign ethics committees, thereby delaying important biomedical advances. This Article examines alternative compensation mechanisms and offers a concrete no-fault compensation proposal built on systems already in place. The proposed system can be implemented in the United States and countries around the world to help harmonize various national compensation systems and to more equitably and effectively make those injured by research whole.

Serologic evidence of human Rickettsia infection found in three locations in Panamá.

PubMed

Bermúdez, Sergio E; Lyons, Cirilo R; García, Gleydis G; Zaldíva, Yamitzel L; Gabster, Amanda; Arteaga, Griselda B

2013-09-01

Since the middle of last century, cases of rickettsiosis have been found in Panamá when outbreaks of murine typhus and spotted fever were reported. Since then, little information exists about its prevalence in this country, since it is most often is misdiagnosed as another disease. The aim of this paper is to demonstrate the presence of Rickettsia infections in humans in three locations in Panamá. These locations are agricultural areas, near forested areas or those who work in zoo. Three locations where chosen for this study: Tortí, El Valle de Antón and workers in the Summit Municipal Park in Panamá City. All volunteers signed an informed consent and answered a questionnaire. The samples were analyzed for the detection of rickettsial spotted fever and typhus group by the indirect immunofluorescence (using commercial kits) and antigens of Rickettsia rickettsii and R. amblyommii. Blood samples were taken from 97 volunteers in Tortí (25), El Valle de Anton (37) and Summit Municipal Park (35). Of these, a total of 38 (39%) samples reacted to one of the two methods: eight (32%) in Tortí, 18 (48%) in El valle and 12 (34%) in Summit Municipal Park. The results show a high prevalence of antibodies to Rickettsia belonging to the spotted fever group in each of the three study areas, in addition to presenting evidence of the typhus group Rickettsia in El Valle de Anton. These areas could be considered endemic for rickettsiosis as there are conditions for maintaining them.

32 CFR 842.92 - Scope of this subpart.

Code of Federal Regulations, 2010 CFR

2010-07-01

... ADMINISTRATIVE CLAIMS Property Damage Tort Claims in Favor of the United States (31 U.S.C. 3701, 3711-3719) § 842... damage to or loss or destruction of government property through negligence or wrongful act. It does not...

Negative Statements in Letters of Recommendation: From Defamation to Defense.

ERIC Educational Resources Information Center

Clear, Delbert K.

1978-01-01

The law clearly provides protection for those who write negative recommendations; however, the standard tests for libel and slander that are used in tort suits where damages are sought for defamation of character are applicable. (Author/MLF)

Host records for fruit-feeding Afrotropical Tortricidae (Lepidoptera)

USDA-ARS?s Scientific Manuscript database

We present host records for the following Afrotropical Tortricidae reared from fruit in Kenya: Idiothauma nr africanum Walsingham, Paraccra mimesa Razowski, Apotoforma nr uncifera Razowski, Eugnosta percnoptila (Meyrick), Phtheochroa aarviki Razowski & Brown, Actihema hemiacta (Meyrick, 1920), “Tort...

75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

Federal Register 2010, 2011, 2012, 2013, 2014

2010-04-02

... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

76 FR 38047 - Defense Federal Acquisition Regulation Supplement; Extension of Restrictions on the Use of...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-06-29

... under title VII of the Civil Rights Act of 1964, or tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

20 CFR 670.900 - Are damages caused by students eligible for reimbursement under the Tort Claims Act?

Code of Federal Regulations, 2010 CFR

2010-04-01

... ADMINISTRATION, DEPARTMENT OF LABOR THE JOB CORPS UNDER TITLE I OF THE WORKFORCE INVESTMENT ACT Administrative and Management Provisions § 670.900 Are damages caused by students eligible for reimbursement under...

25 CFR 900.190 - Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the...

Code of Federal Regulations, 2011 CFR

2011-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... medical, surgical, dental, or related functions by the contractor in carrying out self-determination...

25 CFR 900.190 - Is FTCA the exclusive remedy for a tort claim for personal injury or death resulting from the...

Code of Federal Regulations, 2010 CFR

2010-04-01

..., DEPARTMENT OF HEALTH AND HUMAN SERVICES CONTRACTS UNDER THE INDIAN SELF-DETERMINATION AND EDUCATION... medical, surgical, dental, or related functions by the contractor in carrying out self-determination...

Safety Tips: Avoiding Negligence Suits in Chemistry Teaching.

ERIC Educational Resources Information Center

Gerlovich, Jack A.

1983-01-01

Discusses various aspects related to negligence on the part of chemistry teachers. Areas addressed include negligence in tort law, avoiding negligence suits, proper instructions, proper supervision, equipment maintenance, and other considerations such as sovereign immunity, and contributory versus comparative negligence. (JN)

Integrating Dispute Resolution into Standard First-Year Courses: The Missouri Plan.

ERIC Educational Resources Information Center

Riskin, Leonard L.; Westbrook, James E.

1989-01-01

The University of Missouri-Columbia Law School has implemented a first-year course in dispute resolution integrating topics in torts, property, civil procedure, contracts, and criminal law and taught by teachers in all of those areas. (MSE)

26 CFR 1.704-2 - Allocations attributable to nonrecourse liabilities.

Code of Federal Regulations, 2012 CFR

2012-04-01

... disparity. (4) Special rule for year of revaluation. (e) Requirements to be satisfied. (f) Minimum gain... encumbers, a disposition of that property will generate gain that at least equals that excess (“partnership.... (3) Definition of nonrecourse liability. Nonrecourse liability means a nonrecourse liability as...

14 CFR 291.22 - Aircraft accident liability insurance requirement.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 14 Aeronautics and Space 4 2011-01-01 2011-01-01 false Aircraft accident liability insurance... for All-Cargo Air Transportation § 291.22 Aircraft accident liability insurance requirement. No air... and maintains in effect aircraft accident liability coverage that meets the requirements of part 205...

46 CFR 5.69 - Evidence of criminal liability.

Code of Federal Regulations, 2010 CFR

2010-10-01

... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

14 CFR 1260.61 - Allocation of risk/liability.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Allocation of risk/liability. 1260.61 Section 1260.61 Aeronautics and Space NATIONAL AERONAUTICS AND SPACE ADMINISTRATION GRANTS AND COOPERATIVE AGREEMENTS General Special Conditions § 1260.61 Allocation of risk/liability. Allocation of Risk/Liability...

12 CFR 965.2 - Authorized liabilities.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

24 CFR 203.422 - Right and liability under Mutual Mortgage Insurance Fund.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Mortgage Insurance Fund and Distributive Shares § 203.422 Right and liability under Mutual Mortgage... to any liability arising under the mutuality of the Mutual Mortgage Insurance Fund. ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Right and liability under Mutual...

24 CFR 203.422 - Right and liability under Mutual Mortgage Insurance Fund.

Code of Federal Regulations, 2011 CFR

2011-04-01

... Mortgage Insurance Fund and Distributive Shares § 203.422 Right and liability under Mutual Mortgage... to any liability arising under the mutuality of the Mutual Mortgage Insurance Fund. ... 24 Housing and Urban Development 2 2011-04-01 2011-04-01 false Right and liability under Mutual...

12 CFR 704.8 - Asset and liability management.

Code of Federal Regulations, 2011 CFR

2011-01-01

... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... used as a basis of estimation. (b) Asset and liability management committee (ALCO). A corporate credit...

12 CFR 704.8 - Asset and liability management.

Code of Federal Regulations, 2010 CFR

2010-01-01

... CORPORATE CREDIT UNIONS § 704.8 Asset and liability management. (a) Policies. A corporate credit union must...) The purpose and objectives of the corporate credit union's asset and liability activities; (2) The... used as a basis of estimation. (b) Asset and liability management committee (ALCO). A corporate credit...

14 CFR 1274.916 - Liability and risk of loss.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Liability and risk of loss. 1274.916... AGREEMENTS WITH COMMERCIAL FIRMS Other Provisions and Special Conditions § 1274.916 Liability and risk of..., or indemnification of, developers of experimental aerospace vehicles. Liability and Risk of Loss July...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 12 Banks and Banking 3 2014-01-01 2014-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Disclosure of Funds Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 12 Banks and Banking 3 2011-01-01 2011-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2012 CFR

2012-01-01

... 12 Banks and Banking 3 2012-01-01 2012-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

12 CFR 229.21 - Civil liability.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 12 Banks and Banking 3 2013-01-01 2013-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Disclosure of Funds Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to...

32 CFR 750.32 - Suits under the Federal Tort Claims Act (FTCA).

Code of Federal Regulations, 2010 CFR

2010-07-01

... or omission complained of occurred. 28 U.S.C. 1402. (b) Jury trial. There is no right to trial by jury in suits brought under the FTCA. 28 U.S.C. 2402. (c) Settlement. The Attorney General of the...

Research in Brief.

ERIC Educational Resources Information Center

Journalism Quarterly, 1980

1980-01-01

Eight brief research reports concerning a newspaper's conversion to VDTs, media evaluation by police chiefs, defending and indemnifying reporters in tort actions, newsmagazine coverage of the Supreme Court, pricing of advertising in weekly newspapers, the importance of writing, "yeasaying" in readership surveys, and public service utilization by…

32 CFR 750.34 - Settlement and payment.

Code of Federal Regulations, 2010 CFR

2010-07-01

... on a Standard Form 95. (2) Contents. Every settlement agreement must contain language indicating... language indicating acceptance of the settlement amount by the claimant, or his agent or legal...) Adjudicating authority. The Department of the Navy's tort claims adjudication function is consolidated as 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)

When School Management Companies Fail: Righting Educational Wrongs.

ERIC Educational Resources Information Center

Conn, Kathleen

2002-01-01

Reviews public school system of education; describes school management companies (nonprofit, for profit) and their fiduciary duties; discusses monitoring the performance of school management companies; describes legal mechanisms and remedies (tort, contract, agency, and constitutional law) for holding school management companies accountable.…

Dynamically Consistent Shallow-Atmosphere Equations with a Complete Coriolis force

NASA Astrophysics Data System (ADS)

Tort, Marine; Dubos, Thomas; Bouchut, François; Zeitlin, Vladimir

2014-05-01

Dynamically Consistent Shallow-Atmosphere Equations with a Complete Coriolis force Marine Tort1, Thomas Dubos1, François Bouchut2 & Vladimir Zeitlin1,3 1 Laboratoire of Dynamical Meteorology, Univ. P. and M. Curie, Ecole Normale Supérieure, and Ecole Polytechnique, FRANCE 2 Université Paris-Est, Laboratoire d'Analyse et de Mathématiques Appliquées, FRANCE 3 Institut Universitaire de France Atmospheric and oceanic motion are usually modeled within the shallow-fluid approximation, which simplifies the 3D spherical geometry. For dynamical consistency, i.e. to ensure conservation laws for potential vorticity, energy and angular momentum, the horizontal component of the Coriolis force is neglected. Here new equation sets combining consistently a simplified shallow-fluid geometry with a complete Coriolis force is presented. The derivation invokes Hamilton's principle of least action with an approximate Lagrangian capturing the small increase with height of the solid-body entrainment velocity due to planetary rotation. A three-dimensional compressible model and a one-layer shallow-water model are obtained. The latter extends previous work done on the f-plane and β-plane. Preliminary numerical results confirm the accuracy of the 3D model within the range of parameters for which the equations are relevant. These new models could be useful to incorporate a full Coriolis force into existing numerical models and to disentangle the effects of the shallow-atmosphere approximation from those of the traditional approximation. Related papers: Tort M., Dubos T., Bouchut F. and Zeitlin V. Consistent shallow-water equations on the rotating sphere with complete Coriolis force and topography. J. Fluid Mech. (under revisions) Tort M. and Dubos T. Dynamically consistent shallow-atmosphere equations with a complete Coriolis force. Q.J.R. Meteorol. Soc. (DOI: 10.1002/qj.2274)

[Organisational responsibility versus individual responsibility: safety culture? About the relationship between patient safety and medical malpractice law].

PubMed

Hart, Dieter

2009-01-01

The contribution is concerned with the correlations between risk information, patient safety, responsibility and liability, in particular in terms of liability law. These correlations have an impact on safety culture in healthcare, which can be evaluated positively if--in addition to good quality of medical care--as many sources of error as possible can be identified, analysed, and minimised or eliminated by corresponding measures (safety or risk management). Liability influences the conduct of individuals and enterprises; safety is (probably) also a function of liability; this should also apply to safety culture. The standard of safety culture does not only depend on individual liability for damages, but first of all on strict enterprise liability (system responsibility) and its preventive effects. Patient safety through quality and risk management is therefore also an organisational programme of considerable relevance in terms of liability law.

Cost vs. Risk: Determining the Correct Liability Insurance Limit.

ERIC Educational Resources Information Center

Klinksiek, Glenn

1996-01-01

Presents a model for evaluating liability insurance limits and selecting the correct limit for an individual institution. Argues that many colleges and universities may be making overly conservative decisions that lead to the purchase of too much liability insurance. Also discusses the financial consequences of an uninsured large liability loss.…

26 CFR 50.5 - Liability for the tax.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 26 Internal Revenue 17 2011-04-01 2011-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

26 CFR 301.7122-1 - Compromises.

Code of Federal Regulations, 2014 CFR

2014-04-01

... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

26 CFR 301.7122-1 - Compromises.

Code of Federal Regulations, 2011 CFR

2011-04-01

... internal revenue laws prior to reference of a case involving such a liability to the Department of Justice... existence or amount of the correct tax liability under the law. Doubt as to liability does not exist where... of the full liability would undermine public confidence that the tax laws are being administered in a...

25 CFR 141.57 - Procedures to cancel liability on bond.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Procedures to cancel liability on bond. 141.57 Section 141.57 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR FINANCIAL ACTIVITIES BUSINESS... Procedures to cancel liability on bond. (a) Any surety who wishes to be relieved from liability arising on a...

76 FR 80410 - Pendency of Request for Approval of Special Withdrawal Liability Rules; the Cultural Institutions...

Federal Register 2010, 2011, 2012, 2013, 2014

2011-12-23

... Liability Rules; the Cultural Institutions Pension Plan AGENCY: Pension Benefit Guaranty Corporation. ACTION... approval of a plan amendment providing for special withdrawal liability rules. Under Sec. 4203(f) of the... Liability Rules, a multiemployer pension plan may, with PBGC approval, be amended to provide for special...

37 CFR 10.78 - Limiting liability to client.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

26 CFR 1.404(g)-1 - Deduction of employer liability payments.

Code of Federal Regulations, 2012 CFR

2012-04-01

... 26 Internal Revenue 5 2012-04-01 2011-04-01 true Deduction of employer liability payments. 1.404(g)-1 Section 1.404(g)-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY.... § 1.404(g)-1 Deduction of employer liability payments. (a) General rule. Employer liability payments...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2012 CFR

2012-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2014 CFR

2014-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2011 CFR

2011-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2013 CFR

2013-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

48 CFR 47.207-7 - Liability and insurance.

Code of Federal Regulations, 2010 CFR

2010-10-01

... liability for injury to persons or damage to property other than the freight being transported; (2) The contractor's liability for loss of and/or damage to the freight being transported; and (3) The amount of... damage to the freight being transported is not specified, the usual measure of liability as prescribed in...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2014 CFR

2014-04-01

... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is.... (e) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of...

26 CFR 50.5 - Liability for the tax.

Code of Federal Regulations, 2010 CFR

2010-04-01

... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

Teacher Liability in School-Shop Accidents.

ERIC Educational Resources Information Center

Kegin, Denis J.

The intent of the book is to stimulate interest in the problem of shop-teacher liability and to identify certain needs which have not been adequately met by existing laws and statutes. Chapter 1, The Significance of Teacher Liability, discusses basic legal considerations, the environment of the school shop, and the possibility of liability.…

40 CFR 113.4 - Size classes and associated liability limits for fixed onshore oil storage facilities, 1,000...

Code of Federal Regulations, 2010 CFR

2010-07-01

... 40 Protection of Environment 21 2010-07-01 2010-07-01 false Size classes and associated liability... Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) WATER PROGRAMS LIABILITY LIMITS FOR... privity and knowledge of the owner or operator, the following limits of liability are established for...

14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2011 CFR

2011-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2012 CFR

2012-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

14 CFR 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2013 CFR

2013-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. 1266.104... LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space exploration... cross-waiver of liability between the parties to agreements for NASA's science or space exploration...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2013 CFR

2013-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2012 CFR

2012-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2011 CFR

2011-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

29 CFR 790.4 - Liability of employer; effect of contract, custom, or practice.

Code of Federal Regulations, 2014 CFR

2014-07-01

..., this section relieves the employer from certain liabilities or punishments to which he might otherwise... by such employee is relieved from liability or punishment therefor if, and only if, such activities... an employer of liability or punishment only with respect to activities of the kind described, which...

Liability concerns and shared use of school recreational facilities in underserved communities.

PubMed

Spengler, John O; Connaughton, Daniel P; Maddock, Jason E

2011-10-01

In underserved communities, schools can provide the physical structure and facilities for informal and formal recreation as well as after-school, weekend, and summer programming. The importance of community access to schools is acknowledged by authoritative groups; however, fear of liability is believed to be a key barrier to community access. The purpose of this study was to investigate perceptions of liability risk and associated issues among school administrators in underserved communities. A national survey of school administrators in underserved communities (n=360, response rate of 21%) was conducted in 2009 and analyzed in 2010. Liability perceptions in the context of community access were assessed through descriptive statistics. The majority of respondents (82.2%) indicated concern for liability should someone be injured on school property after hours while participating in a recreational activity. Among those that did not allow community access, 91% were somewhat to very concerned about liability and 86% believed that stronger legislation was needed to better protect schools from liability for after-hours recreational use. Among those who claimed familiarity with a state law that offered them limited liability protection, nearly three fourths were nevertheless concerned about liability. Liability concerns are prevalent among this group of school administrators, particularly if they had been involved in prior litigation, and even if they indicated they were aware of laws that provide liability protection where use occurs after hours. Reducing these concerns will be important if schools are to become locations for recreational programs that promote physical activity outside of regular school hours. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

The Law, the Student, and the Catholic School.

ERIC Educational Resources Information Center

Permuth, Steve; And Others

Providing explanatory information regarding the legal principles and issues affecting Catholic school educators, this handbook summarizes student rights, contractual arrangements, and state and federal requirements as they apply to parochial schools. The legal issues involved in torts of negligence, including establishment and violation of…

41 CFR 102-37.205 - What agreements must a SASP make?

Code of Federal Regulations, 2010 CFR

2010-07-01

... event of loss or damage due to negligence or willful misconduct on your part, repair, replace, or pay to... provided for by the Federal Tort Claims Act (28 U.S.C. 2671, et seq.). [67 FR 2584, Jan. 18, 2002, as...

Privacy Law and Print Photojournalism.

ERIC Educational Resources Information Center

Dykhouse, Caroline Dow

Reviews of publications about privacy law, of recent court actions, and of interviews with newspaper photographers and attorneys indicate that torts of privacy often conflict with the freedoms to publish and to gather news. Although some guidelines have already been established (about running distorted pictures, "stealing" pictures, taking…

Discipline Based Instruction in Business Law

ERIC Educational Resources Information Center

Custin, Richard E.; Demas, John C.; Lampe, Marc; Custin, Colette L.

2013-01-01

Undergraduate business law courses typically utilize traditional textbooks organized by topic. Individual chapters, address the usual topics including contracts, torts, the court system and ethics. An innovative approach to facilitating a business law course involves segregating sections of the course into common business disciplines. Rather than…

Malpractice and the Communication Consultant: A Proactive Approach.

ERIC Educational Resources Information Center

Montgomery, Daniel J.; And Others

1995-01-01

Provides communication practitioners with an overview of legal and ethical issues facing individuals who market themselves as professional communication consultants. Discusses the tort of negligence. Outlines court-supported practices that professional consultants might use to help protect clients and themselves. Argues that an understanding of…

Digital Privacy: Toward a New Politics and Discursive Practice.

ERIC Educational Resources Information Center

Doty, Philip

2001-01-01

Discussion of privacy focuses on digital environments and a more inclusive understanding of privacy. Highlights include legal and policy conceptions; legislation protecting privacy; relevant Supreme Court cases; torts and privacy; European and other efforts; surveillance and social control; information entrepreneurialism; Jurgen Habermas; free…

31 CFR 50.90 - Cap on annual liability.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Cap on annual liability. 50.90 Section 50.90 Money and Finance: Treasury Office of the Secretary of the Treasury TERRORISM RISK INSURANCE PROGRAM Cap on Annual Liability § 50.90 Cap on annual liability. Pursuant to Section 103 of the Act, if...

29 CFR 4062.7 - Calculating interest on liability and refunds of overpayments.

Code of Federal Regulations, 2010 CFR

2010-07-01

... termination date, on any unpaid portion of the liability. Such interest accrues at the rate set forth in... amount of liability under this part, the PBGC shall refund the excess amount, with interest at the rate... compounded daily. (c) Interest rate. The interest rate on liability under this part and refunds thereof is...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2012 CFR

2012-04-01

... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2013 CFR

2013-04-01

... target. AGUB is the amount for which new target is deemed to have purchased all of its assets in the... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

26 CFR 1.338-5 - Adjusted grossed-up basis.

Code of Federal Regulations, 2011 CFR

2011-04-01

... the amount for which new target is deemed to have purchased all of its assets in the deemed purchase... (iii) The liabilities of new target. (2) Time and amount of AGUB—(i) Original determination. AGUB is...) Liabilities of new target—(1) In general. The liabilities of new target are the liabilities of target as of...

12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

Code of Federal Regulations, 2011 CFR

2011-01-01

... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... FDIC will use to determine deposit and other liability account balances for insurance coverage and...

12 CFR 360.8 - Method for determining deposit and other liability account balances at a failed insured...

Code of Federal Regulations, 2010 CFR

2010-01-01

... liability account balances at a failed insured depository institution. 360.8 Section 360.8 Banks and Banking... RECEIVERSHIP RULES § 360.8 Method for determining deposit and other liability account balances at a failed... FDIC will use to determine deposit and other liability account balances for insurance coverage and...

75 FR 48994 - Records Schedules; Availability and Request for Comments

Federal Register 2010, 2011, 2012, 2013, 2014

2010-08-12

..., asbestos liability, civil rights-- employment, civil rights--housing/accommodations, civil rights-- welfare..., product liability, asbestos liability, civil rights-- employment, civil rights--housing/accommodations...

12 CFR 303.15 - Certain limited liability companies deemed incorporated under State law.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 4 2010-01-01 2010-01-01 false Certain limited liability companies deemed... liability companies deemed incorporated under State law. (a) For purposes of the definition of “State bank... liability company (LLC) under the law of any State is deemed to be “incorporated” under the law of the State...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2010 CFR

2010-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2010-04-01 2010-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2013 CFR

2013-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2013-04-01 2013-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2011 CFR

2011-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2011-04-01 2011-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2012 CFR

2012-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2012-04-01 2012-04-01 false Limitation on reduction in income tax liability...

26 CFR 1.934-1 - Limitation on reduction in income tax liability incurred to the Virgin Islands.

Code of Federal Regulations, 2014 CFR

2014-04-01

... Islands will be computed as follows: (A) Add to the income tax liability incurred to the Virgin Islands...) Add to the income tax liability incurred to the Virgin Islands any credit against the tax allowed... 26 Internal Revenue 10 2014-04-01 2013-04-01 true Limitation on reduction in income tax liability...

29 CFR 4219.13 - Amount of liability for de minimis amounts.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 29 Labor 9 2011-07-01 2011-07-01 false Amount of liability for de minimis amounts. 4219.13 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.13 Amount of liability for de minimis amounts. An employer that is liable for de minimis amounts shall be liable to the plan for the amount by which...

29 CFR 4219.13 - Amount of liability for de minimis amounts.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 29 Labor 9 2010-07-01 2010-07-01 false Amount of liability for de minimis amounts. 4219.13 Section... Redetermination of Withdrawal Liability Upon Mass Withdrawal § 4219.13 Amount of liability for de minimis amounts. An employer that is liable for de minimis amounts shall be liable to the plan for the amount by which...

14 CFR § 1266.104 - Cross-waiver of liability for launch agreements for science or space exploration activities...

Code of Federal Regulations, 2014 CFR

2014-01-01

... agreements for science or space exploration activities unrelated to the International Space Station. § 1266...-WAIVER OF LIABILITY § 1266.104 Cross-waiver of liability for launch agreements for science or space... implement a cross-waiver of liability between the parties to agreements for NASA's science or space...

34 CFR 35.8 - Release.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Release. 35.8 Section 35.8 Education Office of the Secretary, Department of Education TORT CLAIMS AGAINST THE GOVERNMENT Procedures § 35.8 Release. Acceptance by the claimant, his agent or legal representative, of any award, compromise or settlement made...

12 CFR 7.4007 - Deposit-taking.

Code of Federal Regulations, 2010 CFR

2010-01-01

... Federal law, state laws that obstruct, impair, or condition a national bank's ability to fully exercise... bank may exercise its deposit-taking powers without regard to state law limitations concerning: (i... exercise of national banks' deposit-taking powers: (1) Contracts; (2) Torts; (3) Criminal law; 5 5 But see...

40 CFR 10.10 - Limitation on Environmental Protection Agency's authority.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 40 Protection of Environment 1 2013-07-01 2013-07-01 false Limitation on Environmental Protection Agency's authority. 10.10 Section 10.10 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY GENERAL ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Procedures § 10.10 Limitation on Environmental Protection...

22 CFR 304.5 - Investigations.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Investigations. 304.5 Section 304.5 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.5 Investigations. The Peace Corps may investigate, or the General Counsel may request any other Federal agency to...

22 CFR 304.5 - Investigations.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Investigations. 304.5 Section 304.5 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.5 Investigations. The Peace Corps may investigate, or the General Counsel may request any other Federal agency to...

A Legal Brief--Unfulfilled Hiring Promises.

ERIC Educational Resources Information Center

Zirkel, Perry A.; Gluckman, Ivan B.

1988-01-01

Using a specific case, this article reviews some common areas of contract and tort law applicable to principals and employment practices in public and private schools. The question/answer format treats contract validity, negligent misrepresentation, and constitutionality issues involved in a case based on unfulfilled hiring promises. Includes four…

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2010 CFR

2010-10-01

... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2011 CFR

2011-10-01

... 44 Emergency Management and Assistance 1 2011-10-01 2011-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2013 CFR

2013-10-01

... 44 Emergency Management and Assistance 1 2013-10-01 2013-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

44 CFR 11.10 - Scope of regulation.

Code of Federal Regulations, 2014 CFR

2014-10-01

... 44 Emergency Management and Assistance 1 2014-10-01 2014-10-01 false Scope of regulation. 11.10 Section 11.10 Emergency Management and Assistance FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY GENERAL CLAIMS Administrative Claims Under Federal Tort Claims Act § 11.10 Scope of...

Medical Malpractice Reform: A Fix for a Problem Long out of Fashion.

PubMed

Kirkner, Richard Mark

2017-10-01

State tort reforms have all but relegated the malpractice crisis to the history books. But there's good news for those of you into all things retro: The House of Representatives just voted to fix the malpractice crisis by a 222-197 margin.

Perception of legal liability by registered nurses in Korea.

PubMed

Kim, Ki-Kyong; Kim, In-Sook; Lee, Won-Hee

2007-08-01

Liability to the nursing profession is imperative if nurses are to act as an autonomous body. Assessing and communicating effectively is a vital part of nursing for patient safety. This study was designed to identify the attitudes of Korean nurses toward liability in assessment and communication and to investigate the relationship among the variables (i.e., legal awareness, attitudes toward doctor's duty to supervise nurses). The attitudes toward doctor's duty reflect the status of nurses' dependency on doctor's supervision. The study participants were 288 registered nurses in RN-BSN courses at two colleges in Korea. The level of legal awareness was measured using a 25-item Legal Awareness Questionnaire developed by the authors. The measuring instrument for attitudes toward doctor's duty to supervise nurses and nurses' liability was the Attitude toward Duty and Liability Questionnaire, which was modified by the authors. There were significant correlation between attitude toward doctor's duty and nurses' liability, but not between legal awareness and liability attitude. The results of this study suggest that the present educational content aimed at improving liability attitudes of nurses should be refocused with attitude-oriented education and should include an understanding of the increased accountability that comes with greater autonomy in nursing practice.

Malpractice Liability Risk and Use of Diagnostic Imaging Services: A Systematic Review of the Literature.

PubMed

Li, Suhui; Brantley, Erin

2015-12-01

A widespread concern among physicians is that fear of medical malpractice liability may affect their decisions for diagnostic imaging orders. The purpose of this article is to synthesize evidence regarding the defensive use of imaging services. A literature search was conducted using a number of databases. The review included peer-reviewed publications that studied the link between physician orders of imaging tests and malpractice liability pressure. We identified 13 peer-reviewed studies conducted in the United States. Five of the studies reported physician assessments of the role of defensive medicine in imaging-order decisions; five assessed the association between physicians' liability risk and imaging ordering, and three assessed the impact of liability risk on imaging ordering at the state level. Although the belief that medical liability risk could influence decisions is highly prevalent among physicians, findings are mixed regarding the impact of liability risk on imaging orders at both the state and physician level. Inconclusive evidence suggests that physician ordering of imaging tests is affected by malpractice liability risk. Further research is needed to disentangle defensive medicine from other reasons for inefficient use of imaging. Copyright © 2015 American College of Radiology. Published by Elsevier Inc. All rights reserved.

Effectiveness of lycopene on experimental testicular torsion.

PubMed

Güzel, Mahmut; Sönmez, Mehmet Fatih; Baştuğ, Osman; Aras, Necip Fazıl; Öztürk, Ayşe Betül; Küçükaydın, Mustafa; Turan, Cüneyt

2016-07-01

We aimed to demonstrate the long term effectiveness of lycopene, a precursor of vitamin A, on the testes for ischemia-reperfusion injury. Seventy male Wistar albino rats were used for this experiment. The rats were divided into seven groups. Group 1 served as the control group; group 2 was sham-operated; group 3 received 20mg/kg/day lycopene (intraperitoneally); in group 4, the right testes of rats were kept torted for 2hours and then were detorted and the animals lived for three days; in group 5, the right testes of rats were kept torted for 2hours and then were detorted and the animals lived for ten days; in group 6, the right testes of the rats were kept torted for 2hours and then detorted and the animals received 20mg/kg/day lycopene (intraperitoneally) for three days; in group 7, the right testes of the rats were kept torted for 2hours and then were detorted and the animals received 20mg/kg/day lycopene (intraperitoneally) for ten days. Lycopene was used intraperitoneally. Some of the testes tissues were used for biochemical analyses and the other tissues were used for histological procedures. The Johnsen's score was used for seminiferous tubule deterioration. The TUNEL method was utilized to show apoptosis of testicular tissue. Testosterone levels were measured from blood samples and SOD, MDA, TNF-α, IL-1β and IL-6 measurements were recorded from tissue samples. The results were analyzed statistically. In groups 1, 2 and 3 there was normal testicular structure. Rats in groups 4 and 5 had damaged testicular tissues. In groups 6 and 7, in which we used lycopene, the testes were not better than those in groups 4 and 5. The MSTD and JTBS values were better in group 6, but not in group 7 among the torsion groups. As a result, MDA, SOD, TNF-α and IL-1β were increased and serum testosterone and IL-6 levels were decreased in groups 4 and 5 compared to group 1. There was no improvement in the groups treated with lycopene for therapeutic purposes. It was shown that lycopene, as an antioxidant agent, is not effective for testicular torsion in the long term. This study can be considered as a preliminary study showing the need for further researches using different antioxidant agents to determine their long term effects in ischemia-reperfusion injuries in an appropriate experimental design. Copyright © 2016 Elsevier Inc. All rights reserved.

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2011 CFR

2011-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2013 CFR

2013-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2010 CFR

2010-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2014 CFR

2014-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

7 CFR 1773.45 - Regulatory liabilities.

Code of Federal Regulations, 2012 CFR

2012-01-01

... § 1773.45 Regulatory liabilities. The CPA's workpapers must document whether all regulatory liabilities comply with the requirements of SFAS No. 71. For electric borrowers only, the CPA's workpapers must...

National Costs Of The Medical Liability System

PubMed Central

Mello, Michelle M.; Chandra, Amitabh; Gawande, Atul A.; Studdert, David M.

2011-01-01

Concerns about reducing the rate of growth of health expenditures have reignited interest in medical liability reforms and their potential to save money by reducing the practice of defensive medicine. It is not easy to estimate the costs of the medical liability system, however. This article identifies the various components of liability system costs, generates national estimates for each component, and discusses the level of evidence available to support the estimates. Overall annual medical liability system costs, including defensive medicine, are estimated to be $55.6 billion in 2008 dollars, or 2.4 percent of total health care spending. PMID:20820010

75 FR 76946 - Demurrage Liability

Federal Register 2010, 2011, 2012, 2013, 2014

2010-12-10

... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

They'll Be Suing You.

ERIC Educational Resources Information Center

Weeks, Kent M.

1980-01-01

Few claims for negligence or misrepresentation against higher education have been sustained, but several important cases in lower education have provided a framework for future litigation. It is noted that the students ultimately lost, but educators should not be lulled. The development of a new tort such as educational malpractice takes years.…

32 CFR 752.1 - Scope.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Scope. 752.1 Section 752.1 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY CLAIMS ADMIRALTY CLAIMS § 752.1 Scope. This part applies to admiralty-tort claims. These include claims against the United States for damage caused by a...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2010 CFR

2010-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2014 CFR

2014-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2013 CFR

2013-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2011 CFR

2011-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

20 CFR 429.205 - What is not allowable under this subpart?

Code of Federal Regulations, 2012 CFR

2012-04-01

... FEDERAL TORT CLAIMS ACT AND RELATED STATUTES Claims Under the Military Personnel and Civilian Employees... time you spent in its preparation or for supposed literary value. (g) Incidental expenses and..., inconvenience, time spent in preparation of claim, or cost of insurance premiums) are not compensable. (h) Real...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 3 2011-07-01 2009-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 3 2014-07-01 2014-07-01 false Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 3 2012-07-01 2009-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

12 CFR 793.8 - Release.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Release. 793.8 Section 793.8 Banks and Banking... ADMINISTRATION TORT CLAIMS AGAINST THE GOVERNMENT Procedures § 793.8 Release. Acceptance by the claimant, his agent or legal representative, of any award, compromise or settlement made hereunder, shall be final and...

13 CFR 114.108 - What if my claim is approved?

Code of Federal Regulations, 2010 CFR

2010-01-01

... agent or legal representative the forms necessary to indicate satisfaction of your claim and your acceptance of the payment. Acceptance by you, your agent or your legal representative of any award, compromise or settlement releases all your claims against the United States under the Federal Tort Claims Act...

38 CFR 14.600 - Federal Tort Claims Act-general.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Network (VISN) Directors, and VA Medical Facility Directors; with respect to any claim for $2,500 or less..., Deputy General Counsel, and Assistant General Counsel (Professional Staff Group I) or those authorized to... Justice. (3) To the Regional Counsels and the Deputy Assistant General Counsel (Professional Staff Group I...

An Overview of Legal Principles and Issues Affecting Postsecondary Athletics.

ERIC Educational Resources Information Center

Kaplin, William A.

1977-01-01

Discussions of procedural due process, first amendment rights, sex discrimination, tort law, discrimination on the basis of handicap, and legal principles regarding athletic associations and conferences indicate the wide range of legal principles to which postsecondary athletic programs are subject. Sex discrimination is noted as a major issue in…

32 CFR 750.29 - Investigation and examination.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 5 2010-07-01 2010-07-01 false Investigation and examination. 750.29 Section 750.29 National Defense Department of Defense (Continued) DEPARTMENT OF THE NAVY CLAIMS GENERAL CLAIMS REGULATIONS Federal Tort Claims Act § 750.29 Investigation and examination. Subpart A of this part requires an...

Teaching Strategy: Using the Civil Law Poster.

ERIC Educational Resources Information Center

Update on Law-Related Education, 1997

1997-01-01

Presents a series of instructional activities to be used in conjunction with a poster that identifies types of cases and processes associated with civil law. Includes procedures for the instructional activities, objectives, a poster, and student handouts using tables and graphs to illustrate current facts about tort law. (MJP)

Free medical care and consumer protection.

PubMed

Agrawal, Aniket Deepak; Banerjee, Arunabha

2011-01-01

This paper will examine the question of whether patients, who receive free medical care, whether from private charitable or governmental hospitals, can claim rights as 'consumers' under the Consumer Protection Act, 1986. The issue will be discussed from a constitutional perspective as well as that of the law of torts.

Gender Issues and Equity in Athletic Management.

ERIC Educational Resources Information Center

Miles, Albert S.; Miller, Michael T.; Newman, Richard E.

1999-01-01

Although discrimination is no longer routinely accepted in education, incidents of gender-based discrimination and harassment are being reported in record numbers. Schools must ensure equality of female athletic facilities; be aware of oral-contract, tort, and sexual harassment pitfalls; and meet Title IX's three-pronged compliance test. Contains…

32 CFR 537.5 - Applicable law.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 32 National Defense 3 2010-07-01 2010-07-01 true Applicable law. 537.5 Section 537.5 National... THE UNITED STATES § 537.5 Applicable law. (a) Basis for recovery. (1) Most recovery assertions are.... These actions or omissions must constitute a tort as determined by the law of place of occurrence...

15 CFR 2.7 - Supplementary regulations.

Code of Federal Regulations, 2011 CFR

2011-01-01

... 15 Commerce and Foreign Trade 1 2011-01-01 2011-01-01 false Supplementary regulations. 2.7 Section... SETTLEMENT OF CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT § 2.7 Supplementary regulations. (a) The Assistant General Counsel for Finance and Litigation may from time to time issue such supplementary regulations or...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2013-07-01 2013-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2012-07-01 2012-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2014-07-01 2014-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

32 CFR 536.63 - Settlement agreements.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 3 2013-07-01 2013-07-01 false Settlement agreements. 536.63 Section 536.63... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.63 Settlement agreements. (a) When... and 536.61. A settlement agreement is required prior to payment on all tort claims, whether the claim...

32 CFR 536.63 - Settlement agreements.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 3 2012-07-01 2009-07-01 true Settlement agreements. 536.63 Section 536.63... AGAINST THE UNITED STATES Investigation and Processing of Claims § 536.63 Settlement agreements. (a) When... and 536.61. A settlement agreement is required prior to payment on all tort claims, whether the claim...

32 CFR 757.13 - Responsibility for MCRA actions.

Code of Federal Regulations, 2010 CFR

2010-07-01

... Judge Advocate General (Claims and Tort Litigation Division) (Code 15); and the (ii) Commanding Officer, Naval Legal Service Command Europe and Southwest Asia (NLSC EURSWA), Naples, Italy, in its area of....S.C. 1095 claims are brought to the attention of the appropriate JAG designee. (2) The MTF reports...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2013 CFR

2013-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2012 CFR

2012-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2011 CFR

2011-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

48 CFR 252.222-7006 - Restrictions on the Use of Mandatory Arbitration Agreements.

Code of Federal Regulations, 2014 CFR

2014-10-01

... out of sexual assault or harassment, including assault and battery, intentional infliction of... VII of the Civil Rights Act of 1964; or (B) Any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment...

38 CFR 14.602 - Requests for medical information.

Code of Federal Regulations, 2010 CFR

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 1 2010-07-01 2010-07-01 false Requests for medical... medical information. (a) Where there is indication that a tort claim will be filed, medical records or... medical records, documents, reports, or other information shall be handled in accordance with the...

10 CFR 14.27 - Time limit.

Code of Federal Regulations, 2010 CFR

2010-01-01

... 10 Energy 1 2010-01-01 2010-01-01 false Time limit. 14.27 Section 14.27 Energy NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Filing Procedures and Requirements § 14.27 Time limit. The claimant shall furnish evidence and information of the types described in 10 CFR 14.23...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2013 CFR

2013-07-01

... 32 National Defense 5 2013-07-01 2013-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

10 CFR 14.27 - Time limit.

Code of Federal Regulations, 2013 CFR

2013-01-01

... 10 Energy 1 2013-01-01 2013-01-01 false Time limit. 14.27 Section 14.27 Energy NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Filing Procedures and Requirements § 14.27 Time limit. The claimant shall furnish evidence and information of the types described in 10 CFR 14.23...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2014 CFR

2014-07-01

... 32 National Defense 5 2014-07-01 2014-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2012 CFR

2012-07-01

... 32 National Defense 5 2012-07-01 2012-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

10 CFR 14.27 - Time limit.

Code of Federal Regulations, 2014 CFR

2014-01-01

... 10 Energy 1 2014-01-01 2014-01-01 false Time limit. 14.27 Section 14.27 Energy NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE CLAIMS UNDER FEDERAL TORT CLAIMS ACT Filing Procedures and Requirements § 14.27 Time limit. The claimant shall furnish evidence and information of the types described in 10 CFR 14.23...

32 CFR 750.36 - Time limitations.

Code of Federal Regulations, 2011 CFR

2011-07-01

... 32 National Defense 5 2011-07-01 2011-07-01 false Time limitations. 750.36 Section 750.36 National... Tort Claims Act § 750.36 Time limitations. (a) Administrative claim. Every claim filed against the... the statutory time period, the day of the incident is excluded and the day the claim was presented...

22 CFR 304.2 - Administrative claim; when presented; appropriate Peace Corps Office.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Administrative claim; when presented; appropriate Peace Corps Office. 304.2 Section 304.2 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.2 Administrative claim; when presented; appropriate Peace...

22 CFR 304.6 - Claims investigation.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Claims investigation. 304.6 Section 304.6 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.6 Claims investigation. (a) When a claim has been filed with the Peace Corps, the General Counsel will send...

22 CFR 304.2 - Administrative claim; when presented; appropriate Peace Corps Office.

Code of Federal Regulations, 2011 CFR

2011-04-01

... 22 Foreign Relations 2 2011-04-01 2009-04-01 true Administrative claim; when presented; appropriate Peace Corps Office. 304.2 Section 304.2 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.2 Administrative claim; when presented; appropriate Peace...

22 CFR 304.6 - Claims investigation.

Code of Federal Regulations, 2014 CFR

2014-04-01

... 22 Foreign Relations 2 2014-04-01 2014-04-01 false Claims investigation. 304.6 Section 304.6 Foreign Relations PEACE CORPS CLAIMS AGAINST GOVERNMENT UNDER FEDERAL TORT CLAIMS ACT Procedures § 304.6 Claims investigation. (a) When a claim has been filed with the Peace Corps, the General Counsel will send...

Particle Size Effects on the Quality of Flour Tortillas Enriched with Whole Grain Waxy Barley

USDA-ARS?s Scientific Manuscript database

Wheat tortillas were enriched with whole barley flour (WBF) of different particle sizes including 237 micros (regular-R), 131 micros (intermediate-IM), and 68 micros (microground-MG). Topographical and fluorescent microstructure images of flours, doughs and tortillas were examined. Flours and tort...

28 CFR 0.172 - Authority: Federal tort claims.

Code of Federal Regulations, 2012 CFR

2012-07-01

... should receive the personal attention of the Assistant Attorney General or his delegee; (2) Two or more... Federal Prison Industries, the Director of the United States Marshals Service, the Administrator of the..., must be referred to the Assistant Attorney General in charge of the Civil Division, or his delegee...

28 CFR 0.172 - Authority: Federal tort claims.

Code of Federal Regulations, 2013 CFR

2013-07-01

... should receive the personal attention of the Assistant Attorney General or his delegee; (2) Two or more... Federal Prison Industries, the Director of the United States Marshals Service, the Administrator of the..., must be referred to the Assistant Attorney General in charge of the Civil Division, or his delegee...