Professional Malpractice
This is FindLaw’s collection of Professional Malpractice articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Malpractice law provides the rules and procedures for holding professionals responsible for the harm that results from their carelessness. People depend on doctors, lawyers, accountants, and other experts to perform their jobs prudently. All states provide a means for malpractice victims to pursue recourse, but some jurisdictions place caps on the amount of money a victim can recover. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Professional Malpractice Articles
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Shoulder Dystocia & Erb’s Palsy
During the course of labor and delivery an obstetric emergency can arise called Shoulder Dystocia. This condition results in the failure of an infants shoulders to deliver spontaneously. This often happens when a large baby's shoulder literally ...
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Overview of Proposed Privacy Standards for Electronic Health Information
The Department of Health and Human Services ("HHS") issued a proposed rule on November 3, 1999, regarding the privacy of individually identifiable health information (the "Rule").1 Under the Health Insurance Portability and Accountability Act of ...
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Types of Personal Injuries
Medical Malpractice: Physicians and hospitals sometimes make disastrous mistakes. Because special rules and procedures govern medical malpractice claims, extensive efforts are required to prepare and prove medical error. Physicians must act with the ...
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When Does The Statute Of Limitations Begin To Run On A Claim Against A Professional
The test for determining when a cause of action for attorney malpractice arises is "when the existence of redressable harm has been established." Diaz v. Piquette, 496 So.2d 239, 240 (Fla. 3d DCA 1986), review denied, 506 So.2d 1042 (Fla. 1987 ...
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Office of the Assistant Secretary for Planning and Evaluation Department of Health and Human Services Proposes Standards for Privacy of Individually Identifiable Health Information
Update: On January 5, 2000, the Health Care Financing Administration (HCFA) Published Corrections to the HHS Proposed Privacy Rule. Details can be found I. Introduction On November 3, 1999, the Office of the Assistant Secretary for Planning and ...
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Mediocolegal Aspects of Head Injury
Persons who incur head injury will necessarily face legal problems as a result of their injury. The nature of the injury with its resultant treatment, as well as the cause of the injury (often a motor vehicle accident), leads to involvement in the ...
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Disciplining Bad Health Care Providers in Illinois
A few weeks ago, a client asked me a common question, "Will bad doctors be disciplined as a result of my medical malpractice case?" The simple answer, "Probably not." Hard news to swallow for medical malpractice victims and their family members. In ...
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Health Law Legislation: Pennsylvania Expands “Informed Consent”
MCARE — the “Medical Care Availability and Reduction of Error” Act — was Pennsylvania’s most recent response to the medical professional liability crisis. MCARE significantly expands the doctrine of “informed consent,” requiring physicians to become ...
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Govenor Approves Medical Malpractice Tort Reform
Enactment of a cap on punitive damages, affidavits of noninvolvement, pretrial mediation conferences, and sanctions for filing frivolous claims and motions represent the first substantial tort litigation reform in Pennsylvania in decades. While ...
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Filing Legal Malpractice Claims in Illinois
When someone hires an attorney to perform legal tasks, the attorney has a duty to perform their tasks competently. When attorneys breach this duty and make mistakes that a competent attorney would not make, they can often be found liable for legal ...
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