Medical Responsibility: Distribute Case Study

However, as Cole et. al. notes, the potential reasons for the perceived decrease in the effectiveness of no-fault law includes: changes in the compensation of accident victims, problems with the interpretation and levels of thresholds, over-utilization of first- party

Moving to a no fault compensation medical injury system. A fault based tort system is highly unfair to the plaintiffs who fail to establish that the negligence caused the injury/harm. This results in plaintiff receiving no compensation. An example of this is the Edigar vs Johnston case in the supreme court of Canada, where even after

States also implemented different procedures to evaluate the compensation and blame. Where few states incorporate comparative negligence, there are few with the contributory negligence law. These different procedures give whole new perspective to the justice, where in one state the financial recovery is affected, in other the blame can be shifted totally on minor. Having different laws begets the loop holes in judiciary and provides opportunity to defend, which sometimes results as injustice.

AContributory negligence was introduced by the Australian courts as a complete defence should the plaintiff claim the defendant had been negligent in their actions. The Law Reform Act 199510 was introduced however to allow for apportionment of damages in cases regarding contributory negligence. In section 10 of the Law Reform Act 1995 this principle is described as “if a plaintiff 's damage is the result partly of the plaintiff 's fault and partly of the fault of the defendant, the plaintiff can still recover damages from the defendant but the amount of damages is reduced to the extent that the court thinks just and equitable having regard to the plaintiff 's share in the responsibility for the damage.”10

Increase in the number of complaints made against the National Health Service in Scotland (NHS), clinical negligence claims and the spiralling costs of these claims have prompted many to question whether the fault-based compensation system for medical injuries (current system) can operate to efficiently compensate claimants

NHS Health Scotland (hereafter, NHS) aims to provide high quality medical health care and treatment. Nevertheless, occasionally, a patient may suffer medical injury as a result of the medical practitioners conduct. In such circumstances the patient has the option to make a claim for financial compensation from the NHS for the consequential injury. In Scotland the fault-based compensation system (hereafter, fault-based system) operates to financially compensate patients for medical injuries inflicted due to the medical practitioner’s negligence. Under the common-law of negligence legal tests are established which must be proved by the patient to establish the medical practitioners negligence.

Perhaps one way to analyze the situation is through concepts of loss-shifting and loss-spreading. I would anticipate such insurers directly or directly support tort reform aimed at limiting the quantum of damages. On the other hand, I would be surprised if they supported substantial removal of the right to sue in tort, because that is part of their business. (Journal of Patient Safety) Anyone with a valid claim stands to receive compensation, but only up to a specified amount, which often leads to dissatisfaction and complaint There are qualitative factors, of course, that add to the complexity of these scenarios. I believe there are some interesting studies around no-fault apology that might contribute to a reduction in claims, for example. It would also be interesting to see what improvements collaborative law processes might bring.

This insurance coverage case stems from a fatal car accident in Helena. Respondent Joel Powers, while driving his mother’s 1990 Eagle Summit, struck Benjamin Homan while Homan was on a bicycle. Power’s mother insured the 1990 Eagle Summit through Mid-Century Insurance Company (“Mid-Century”). Powers received a defense pursuant to that policy, and Mid-Century paid the applicable policy limit under Powers’ mother’s policy to the Homan Respondents. Powers also, however, had a separate Mid-Century policy that insured his 1996 Nissan truck (which was not involved in the accident). This case concerns the Mid-Century policy that insured Powers’ 1996 Nissan truck.

The journal article, “INSURANCE COVERAGE FOR BUSINESS TORT CLAIMS ALLEGING INTENTIONAL WRONGDOING” was published to show the rights that insurance companies have regarding denying people coverage. Sectors thesis statement is as follows, “Like the punter who kicks the ball too far, the business litigation plaintiff sometimes pleads or proves that the defendant was not merely negligent, but reckless, intentional, or malicious” (Spector, 2015. Para. 2). One example used by Larry Spector, the author, is about a kicker on a football team. If the insurance company finds an incident where the insured persons has been negligent then the company can “out kick” the coverage that they first quoted the individual with (Spector, 2015). The two main points of the article are, public policy

The way that the Swedish System operates to compensate claimants for medical accidents is that claimants are required to make a no-fault claim and if they fail in that claim they retain a right to litigate and vice versa. Even though, the Swedish system is based on the “avoidability test” they recommended that Scotland base their system on “clear descriptions of which injuries are not eligible for compensation under the system.” The review group asserted that adoption of the Swedish System may prove to be cost effective.

On 5/19/17, case worker spoke with Mrs. Carson regarding the children medical appointments and their progress. According to Mrs. Carson, Mrs. Lena Miller (Step-mom) tried to have lunch with children at school (Mt. Carmel Elementary) secretly and was stopped by the school administrator. She said at this point Mrs. Miller/Mrs. Miller is not allowed to have contact with her children until PFA is resolved by the court. Caseworker asked Mrs. Carson about the children recent doctor’s appointments. Mrs. Carson reported that that Penelope is caught up on her vaccinations and is healthy. Judah and Jianna attended their doctor’s appointment the same week 5/19. Judah doctor removed him off Maalox, he currently has not constipation. However the doctor

there are effective ways to deal with medical negligence. Doctors in the U.S. work under less stress and

In the opposing article written by Richard L. Abel he feels there is not enough litigation in our country and it is necessary to have in our legal system. Abel believes that victims obtain better outcomes in the tort system today then they did in our past. Tort claims which are successful do not create an accident cost, in fact if proven they shift the cost from the victims to the tortfeasors. Many accidents and injuries occur in our country from year to year. Surveys have concluded that everyone will suffer from one serious injury throughout their lifetime in which they are not likely to recover from the damages because of a tortfeasor. Abel blames all of these problems on the present tort system we have today, in which he states is an absolute failure. Abel writes in his article that most scholars believe that tort law is divided up into three basic principal objectives: redressing the violation of important norms, compensating victims, and discouraging unsafe behavior. He writes about how most feel litigations which go through the courts these days are ludicrous and crazy. Also most of the lawsuits which happen are unjust and don?t deserve to be heard in a court of law. Abel believes that the media is what

We would like to express our special thanks of gratitude to our teacher Mr. Amrendra Kumar Ajit as well as our Vice Chancellor Prof. Srikrishna Deva Rao for giving us this wonderful opportunity of doing a project on ‘VNFI v. Contributory Negligence’. This project has helped us a lot in research work and for better understanding of this concept. We learned a lot of new things in the process which shall definitely come to good use in the future.

A contract is a legally binding agreement providing that there has been an offer, acceptance, consideration and intention to create legal relations. A term is a component of a contract and it is crucial to determine the classification of the term being adopted, this is for the reason that if there is a breach of a term, this will bring about conditions of breach of contract. Different kinds of terms carry more severe consequences in contrast to others, therefore the contract may be repudiated or damages may be awarded. However terms in insurance contracts are treated differently and further to this the law around terms in insurance contracts has undergone recent legislation. This essay will critically analyse and compare the differences between warranty terms in insurance contracts and non-insurance contracts within the UK, evidencing with relevant case law establishing the legal principles surrounding these cases and the components of these. Additionally this essay will address the recent legislation the Insurance Act 2015 and its effect on insurance contract warranties, which can be seen as a new initiative to make things fairer.