Assignment 1: Medical Court Cases

In South Carolina any health care provider can be held liable for medical malpractice. A health care provider can also include entities such as hospitals, clinics, nursing homes and pharmacies (Advice). If a patient believes they have been

Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to

The critical aspects in the Responsible Corporate Officer Doctrine that are beneficial for the health care organization are in many ways. There are provisions that comprise the (RCO) and protect in making the health care organization aware in cases of severe punishment of liability. According to (Clark, 2012), the (RCO) it states that the doctrine has been aggressively used and applied by regulators and prosecutors against businessmen in various administrative, civil, and criminal procedures, and has been described as the

The plaintiffs, A. V. Blount, Jr., Walter J. Hughes, Norman N. Jones, Girardeau Alexander, E. C. Noel, III, and F. E. Davis, are medical doctors (practitioners) licensed to practice and practicing medicine in the City of Greensboro, North Carolina.

Partnership liability tort can take place when a partner or all partners acting on partnership business causes injury to a third person. Cause of this tort could be a negligent act, a breach of trust, breach of fiduciary duty, defamation, fraud, or another intentional tort (Cheeseman, 2010, p. 538). Under the Uniform Partnership Act, partners are jointly and severally liable for torts and breaches of trust (UPA, 2010). This is true even if the co-partner(s) did not participate in the act. The joint and severally liable tort permits a third party to sue one or more of the partners

According to the scenario, Akiva and Tara want to open a birthing clinic and take out large loans to finance the business, which is a medical practice. The business would be a partnership of two medical professionals that would allow Akiva and Tara to form a limited liability partnership or LLP. An LLP is beneficial for the partners because each partner is only liable for debts or obligations up to the capital contribution or investments in the partnership (Cheeseman, 2010, p. 274, pp. 1).

1. A shareholder in a professional corporation can be liable for malpractice arising from the rendering of professional services. (Points : 2)

Midtown neurology was started by a physician who has been practicing in the community. As the practice grew he recruited four new neurologists. The new neurologists took over the practice and threw the founding physician out. The founding physician has made a proprietary software for the practice which is not allowing the new physicians and their manager to carry out important functions. The neurologists are productive but the practice is not going in a positive direction due to improper management.

The majority of practitioners prove their competence every day, working diligently and ethically in the care of their patients. Even so Doctors continue to harm patients through malpractice. That small percentage adds up to enough negligence cases that we and other law firms have made medical practice litigation a primary focal point.

Each partner is responsible for any negligence made by himself or employees being under his direct supervision

Limited Liability Corporation and limited liability partnership are two of several types of structures that individuals can give thought to forming when starting a business. To form a corporation each member has limited liability, but the corporation has full liability. Forming a partnership requires at least two people, which are called partners, and each partner has limited liability. This paper will describe the roles of Limited Liability Corporation (LLC) and Limited Liability Partnership (LLP). In addition, the paper will describe under what circumstance one would

Business organizations operate in a variety of legal forms. The common forms are sole proprietorships, partnerships (general partnerships and limited partnerships) and corporations (traditional S and C corporations and limited liability corporations). The form of organizations is generally decided from the beginning of the business based on several factors, such as ease and cost of formation, capital requirements and cost of money, flexibility in managing and decision making, government rules, liabilities, risk and management, and tax considerations. The article titled “Decision Yields Hits and Misses for Plaintiff in Partnership Dissolution Case,” that I will discuss below is about a partnership dispute that lead to several claims, including dissolution claim.

The Partnership will be formed, effective July 7, 2015, by the filing of a limited partnership declaration pursuant to the Partnerships Act (Ontario), which is referred to as “ACT”, to carry on the business, for the purposes of profit, of providing legal services permitted within the scope of Ontario paralegal practice.

liability and the mutual agency features. Unlimited liability means that any one partner may be

Provisions such as limited liability on part of auditors, increased interest for shareholders, etc. are part of the Companies Act of 2006 in the UK. This Act includes limited liability by contract with regard to such an amount which is deemed reasonable and fair in all circumstances (Coffee, 2007). In the last few years, changes have been brought in terms of the legal regime in the UK’s governance system. For instance, since 1989, firms in the UK have been able to incorporate, in that the firms can form limited liability partnerships, wherein they can protect all the partners from any kind of personal bankruptcy unless the partners were responsible personally in any kind of faulty opinion in terms of audit. Nonetheless, firms in the UK have continued to choose abandoning the joint responsibility option for lucrative limited liability regime (Hicks, 2008). The firms in the UK have used the case of Arthur Anderson LLP to modify and reform joint and several liability based on two arguments and these were – collapse of a major firm under the pressure of aforementioned liability may leave the market concentrated; and liability risk can be considered as a barrier in terms of smaller firms who attempt to enter a concentrated market. Within the context of limited liability, there are more unique kinds of liabilities which are deemed to be missing from the Act