ATTORNEY MALPRACTICE ARTICLES
When Does The Statute Of Limitations Begin To Run On A Claim Against A Professional. Metzger, Kari A. January 1996 The test for determining when a cause of action for attorney malpractice arises is "when the existence of redressable harm has been established."
La Washington Delve into this email community forum to ask questions, obtain resources, and gain facts about its tort and personal injury central topics.
Law Guru Internet Law Library Directory maintains a compendium of reports, commentary and case law regarding such issues as privacy torts, products liability and negligence.
Megalaw.com Injury victims or law researchers may find this directory of datasheets, orgs, guides and tutorials helpful in answering tort law questions.
Torts Outlines Students and attorneys can receive guides and refreshers about tort law from this outline clearinghouse. Includes file size and downloading data.
WashLaw Washington Univ. School of Law maintains a data storehouse focusing on tort and compensation issues. Find guides, directories and mailing lists.
PROFESSIONAL MALPRACTICE CASE ARTICLES
Florida Professional Malpractice Law: Liability of Design Professionals Introduction. Architectural Malpractice Claims. Architectural Malpractice Claims in Florida. Conclusion. Further Questions. Florida Professional Malpractice Law: Liability of Design Professionals. November 2000. A design professional, such as an architect or engineer, becomes obligated to render professional services by his or her promise.
What is Malpractice?. October 1999 Any professional misconduct, unreasonable lack of skill or fidelity in professional duties. Black's Law Dictionary When you use the services of a professional - a doctor, a lawyer, an accountant, an architect - you assume that the services you receive will be provided in accordance with professional standards.
Warning to Expert Witnesses!. October 2000 In a surprising change of the common law tradition of witness immunity, the Supreme Court of Pennsylvania has recently held that the doctrine of witness immunity does not protect expert witnesses who are negligent in forming their opinions.
Who Is A Professional In Florida. Duff, Susan Droppleman, January 1996 In considering the class of persons to whom a two year statute of limitations for professional malpractice applies, the
Supreme Court of Florida defined a profession as "a vocation requiring, as a minimum standard, a college degree in a specific field."Superior Court Issues Ruling. February 2000 ON PENNSYLVANIA'S MINORITY TOLLING STATUTE In a medical malpractice action recently reviewed by Pennsylvania's Superior Court, the appellate tribunal has reversed a trial court's Order (authored by the Honorable Mark I. Bernstein) which granted the plaintiffs' motion to discontinue, without prejudice, a claim on behalf of a minor daughter.
Legal Malpractice. Medical Malpractice. Professional Malpractice Overview. May 2000. Florida clients cannot be comparatively negligent in relying upon the attorney's erroneous advice.
Help for Online Service Providers, Professional Malpractice Suits, and Y2K Tax Liabilities. February 2000 Posted with permission from California Lawyer. This file cannot be downloaded from this page. Late last year the Digital Millennium Copyright Act (DMCA), codified at 17 USC § 512, was enacted. This legislation significantly expands copyright law.
Think Before You "Inc". June 1999. Whether you are just starting out on your own, purchasing a new property for development or an existing business, or simply reviewing your business plan, you should consider whether the form of your business is optimal for your circumstances. The choice of a type of business entity -- a corporation, "S" corporation, professional corporation, general partnership, limited partnership, limited liability partnership or limited liability company -- affects your liability exposure, taxes and even your personal estate plan.
Managed Health Care and you. O'Conner, Brian P., October 1999. Many individuals receive their major medical insurance through an employee benefit plan. Often, these employee plans are subscribers to a Health Maintenance Organization (HMO).
Turning the Table on the PLC in Spinal Implant Litigation: A California Jury Says 'No' to Liability. Hewitt, Stephen L., June 2000. The precedents which have emerged in mass tort litigation over the past several years have conditioned the plaintiffs bar to hungrily scan every new medical device for chinks in the proverbial armor, sometimes regardless of the therapeutic indications, safety or efficacy of the product.
Comparative Negligence in Arizona. September 1999. Arizona follows the doctrine of pure comparative negligence. The comparative negligence statutes are found in A.R.S. §12-2501 et seq. These statutes abolished joint and several liability in most instances and enacted a several liability law. See A.R.S. § § 12-2506 - 2509.
Design-Build Joint Venture Agreements. Peden, David D. Jr., February 1997. The printed form Design/Build Agreement shifts some risks and responsibilities, but still is an incomplete document. For example, the AIA's A-491, although created as the agreement between the Design/Builder and the Contractor, blurs many of the traditional rights and obligations of the parties, and fails to address others.
Indoor Air Quality; Legal and Liability Issues. Vrountas, Christopher T., June 1999. People spend an estimated ninety percent of their time indoors. According to the Environmental Protection Agency ("EPA") studies of human exposure to air pollutants found that indoor air may have between two and one hundred times the amount of pollutants found in outdoor air.
High-Low Agreements: A Viable Settlement Alternative. August 1999 In today's society litigation is nearly unavoidable. It affects all facets of our lives. If you are a professional, malpractice is always a concern. If you are an employer, you must be concerned with worker's compensation and complaints of sexual harassment.
Underwriter Due Diligence In Securities Offerings. May 1999 Underwriters have long played a crucial role in securities offerings. As the U.S. Court of Appeals for the Second Circuit noted in Chris-Craft Industries, Inc., v. Piper Aircraft Corporation, "[p]rospective investors look to the underwriter -- a fact well known to all concerned and especially to the underwriter -- to pass on the soundness of the security and the correctness of the registration statement and the prospectus."1
Liability of Agents and Brokers in New York. April 1999 The question of whether an insurance agent or broker is a "professional", as that term is legally interpreted, remains unsettled by New York case law.
The Law of Nursing Malpractice. Abramson, Mark A., February 1996. Introduction: Nearly twelve years ago, Erline A. Reilly wrote that "most New Hampshire attorneys know nothing about nursing law.(1). As a lawyer and a registered nurse, Attorney Reilly had a unique insight into this issue.
PROFESSIONAL MALPRACTICE AND MEDICAL WEB LINKS
Agency for Toxic Substances and Disease Registry
American Association for the Surgery of Trauma
Am. Bar Association Tort and Insurance Practice Section Idea and info network for professionals and attorneys includes news, journal excerpts, issue updates, publications, event info and links.
American Society of Health -System Pharmacists
Anesthesia and Critical Care Medicine
Articles Archive
WARNINGS IN PHYSICIANS DESK REFERENCE REQUIRE EXPERT TESTIMONY TO SERVE AS EVIDENCE OF MEDICAL ...Association of State Medical Board Executive Directors
Attorney - Legal Malpractice - Negligence in Drafting Estate Planning DocumentWhen may an attorney be sued for legal malpractice in drafting estate planning documents?
Bazelon Center of Mental Health Law
"Legal advocacy for the civil rights and human dignity of people with mental disability," including mental illness, retardation, and mental/emotional disabilities, with respect to housing, health care, family support, and issues of institutionalizationBoard of Physician Quality Assurance - MD
Centers for Disease Control & Prevention
Center for Reproductive Law and Policy
Potential Injury From Circusision Clamps
Consultwebs.com Personal Injury Frequently Asked Questions
DES
Diabetes
Dietary Supplements
Disability Rights Advocates Network
DocBoard
Find a doctor, read how to file a medical complaint, contact information available for state medical boards, along with hyperlinks, when available, and a link to the Association of State Medical Board Executive DirectorsDoc Finder
AIM Participating State Licensing Authorities, Doc Finder - Over 450,000 Physician ListingsDoctor Find American
Medical Association AMA Physician LocatorE.B. Williams Law Library Georgetown University's compilation of tort-related resources includes agencies, organizations, publication snippets, and text of statutes.
Emanuel Capsule Summary Learn such tenets of tort law as "res ipsa loquitur" and "proximate cause" via this concise study aid. Links to additional info and to shopping.
emedicine
Emedicine Inc. offers Emergency Medicine, an electronic interactive textbook of more than 650 topics pertaining to the diagnosis and management of disorders in emergency settings. In addition to text, the resource offers downloadable color x-rays, illustrations and picturesEnbrel
Fen-Phen
Fight Bad Faith Insurance Companies Advocacy group performs informative and whistleblowing duties against shady insurance tactics. Read a FAQ, find a lawyer and check unfair claims.
Find Law Directory Explore the resources of this tort law guide to find articles, mailing lists, databases, publications, agencies, products, and firms.
FIRST, KILL ALL THE EXPERTS, Proposed Solution to Serious Problems re Medical Experts
From MediScene: Medical CLE Courses & many more Medical Resources for Legal ProsForensic Psychiatry & Medicine
Fractionate
FreeCaseReview.com
Offers information on personal injury cases involving automobile accidents, medical malpractice, and/or negligence.
See also: FindLaw: Legal Subjects: Tort Law: Web SitesGeneral Information about Medical Malpractice
... Quick Reference: General Information
http://www.consumerlaw.com/medical.htmlGenetic Technologies
Genetic information from some of the field's expertsGovernment Liability in Canada Canadian information resource expounds on issues of tortious liability with respect to municipal infringement on individual property.
Hhmi Lab Safety: Emergency Response Guide: Personal Injury - HHMI Lab Safety: Emergency Response Guidelines
http://www.hhmi.org/science/labsafe/erg/persinj.htmlHealth Law Resource
Site intended as a resource for health care practitioners, professionals or anyone interested in learning more about the dynamic field of health care law, and more specifically, the regulatory and transactional aspects of health care law practiceHealth Lawyers Resource Center
HealthMart.Com
Comparative hospital pricing and outcome data for over 400 diagnoses for consumers, hospital administrators, physicians, and managed care managers to determine the best values in health careHealthWeb
Provides links to specific, evaluated information resources on the World-Wide Web selected by librarians and information professionals at leading academic medical centers in the Midwest. Selection emphasizes quality information aimed at assisting health care professionals as well as consumers in meeting their health information needsHieros Gamos Guide to Tort Law Scan the news of this legal community, and then link to international organizations, regulations, laws, citations, and related resources.
Historian - Shifting Blame: Theory of Accidents Nan Goodman takes an intriguing angle in his study of the changes in American tort law, attitudes toward responsibility and ideals like heroism.
House Law Library Directory of case law and articles on torts, from the US House of Representatives Internet Law Library.
Institute for Civil Justice Read a report and meet the staff of this org, devoted to compiling info, collating research and analyzing trends within the civil justice realm.
Internet journal of emergency care
JAMA - The Journal of the American Medical Association
Joint Commision on Accreditation of Health Care Organizations
Law-Lib: Re: Medical malpractice stats needed
Lawguru.COM - Personal Injury Claim Books and Guides - Personal Injury and Auto Accident Claim Books and Guides from the LawGuru.com book store.
Legalethics.COM: Professional Legal Organizations on the Internet: ... - Legalethics.com offers the legal profession links and references to ethics rules, regulations, and articles relating to the integration of the Internet into ...
Legal MalPractice - Legal malpractice: An area of current and future interest. References, essays, discussions, bibliographies, and other starting points for legislative...
LegalMedWare
Litigation support program for attorneys dealing with personal injury cases, medical malpractice or other medically based claims. Also used by nurse paralegals, nurse consultants, claims adjustors or other legal professionals who deals regularly with medical issues.MCW Bioethics Homepage Medical College of Wisconsin provides abstracts of bioethics journal articles, legislative actions and court decisions.
MD Consult
(Fee based) deliver authoritative medical information to physiciansMed. Economics - NPs, PAs and Malpractice Risk "Proper communication and follow-up with nurse practitioners and physician assistants is the key to reducing liability", states this article.
Med. Economics - I Wish I'd Fought My Malpractice Suit After settling a malpractice suit, a doctor's medical license and reputation are marred by an error in the National Practitioner Data Bank.
Med. Economics - What Attorneys Consider Before Suing Medical malpractice lawyers describe how they choose the cases they take and offer advice on how to avoid being sued.Medicine and Law - Malpractice Topic Area
Medical Record Privacy Articles on current privacy issues, law and policy, the Bennett Bill and a useful section on consumer advice.
National Organization of Bar Counsel...Review the NOBC's semi-annual compilation of summaries of court decisions on attorney disciplinary matters ("Current Developments") for the last five years. An online search engine is available. ....
http://www.nobc.orgNewsbytes News Network: Bill Would Place Medical Malpractice ...
http://www.findarticles.com/m0NEW/2000_Sept_7/65103050/p1/article.jhtmlNursing - Liability, UAPs, and You
Outlines the potential areas of malpractice liability that a facility must monitor when employing unlicensed assistive personnel.Nursing - Negligence Lawsuits Learn what litigation entails and what a plaintiff must do to prove nursing negligence in this February, 2000 article.
Personal Injury Law - Nolo.COM Legal Encyclopedia - {MetaDescription}
Personal Injury News - This web page uses frames. For best results, please use a frame-capable browser from: Microsoft (Internet Explorer)...
Personal Injury - Parsons Legal Information Network - Consumer legal information about personal injury claims including car accidents, injuries on your property, damages to your property, medical malpractice and product liability.
Public Health Information - Microwave Thermotherapy
Modern Healthcare Business News
National Council On Disability
National Health Law Program, Inc.
National Institutes of Health (NIH)
New England Journal of Medicine On-line
Patients Guide to Low Back Pain
Pharmaceutical Research and Manufacturers of America
Pharmapages
By the publisher of Scrip World Pharmaceutical News. Covering internet and technology issues in the pharmaceutical industry, articles on regulatory affairs, research and development and technology developments listings of new pharmaceutical websites, virus news, conference listings, and a glossary of termsProzac
Raxar
Researching Medical Literature on the Web
Article providing medical research links and an explanation of what each site offersRezulin
RxList-The Internet Drug Index
Saga, case management software for personal injury attorneys, ...
Package specifically designed for personal injury, medical malpractice and general negligence attorneys.
http://www.sagasys.com/Default.htm [More Results From: www.sagasys.com]Simulect important Drug Warning - Simulect
Traumatic Brain Injury Resource
United States Medical Malpractice Summaries
http://www.psychlaw.net/states-med-mal-primer..htmWorldWideWeb Acronym and Abbreviation Server
INSURANCE INFORMATION WEB LINKS
Canadian Institute of Actuaries
ABA Tort and Insurance Practice Section
American Insurance Association
Federation of Insurance & Corporate Counsel
Insurance Information Institute
Law Research - Insurance Companies
National Association of Independent Insurers
National Association of Insurance Commissioners (NAIC)
Automobile Accidents / Product Liability Web Links
Advocates for Highway and Auto Safety
Bridgestone/Firestone Recall Site
The Electronic Highway Safety Library
Insurance Institute For Highway Safety
National Transportation Safety Board
NHTSA - National Highway Traffic Safety Administration
Public Affairs Info for U.S. Department of Transportation
Society of Automotive Engineers
Vehicle Recall Information from the Consumer Product Safety Commission
FreeCaseReview.com
Offers information on personal injury cases involving automobile accidents, medical malpractice, and/or negligence.Lawguru.COM - Personal Injury Claim Books and Guides - Personal Injury and Auto Accident Claim Books and Guides from the LawGuru.com book store.
Products Liability Web Sites
Consumer Product Safety Commission
Injury Statistics Query and Reporting System
Injury Statistics Query and Reporting System
Product Safety Research - Standards and Specifications
U.S. Consumer Gateway: Product Safety
Vehicle Recall Information from the Consumer Product Safety Commission
Workers Compensation Web Links
Asbestos
Lead
Occupational Safety & Health Administration
Occupational Safety and Health Administration
U.S. Workers' Compensation Law
Wrongful Death Web Sites
ACTIONS FOR WRONGFUL DEATH
... PENNSYLVANIA RULES OF CIVIL PROCEDURE. Rules 2201 to 2225. ACTIONS FOR WRONGFUL DEATH.
Edelman, Richard B., Ph.D. - economist providing economic analysis and expert witness / damages testimony in personal injury & wrongful death cases.
Kinney Economic Consulting - provides economic analysis and expert testimony in personal injury & wrongful death litigation matters. Practice limited to Florida.
OTHER PROFESSIONAL WEB LINKS
Alliance to End Childhood Lead Poisoning
ALSO, American Law Sources On-Line.
American Arbitration Association
American Arbitration Association
ACLU: American Civil Liberties Union
American Corporate Counsel Association
American Health Lawyer Association
American Inns of Court Foundation
American Intellectual Property Law Association
American Lawyer Media Law Firm Surveys
Amlaw 100, NLJ 250, Firms to watch, Global 50...American Society of Association Executives
American Society of International Law
Association of Federal Defense Attorneys (AFDA)
Association For Transportation Law, Logistics and Policy
Association of Trial Lawyers of America
Baltimore Maryland Bar Association
Boston (Massachusetts) Bar Association
Center for Law and Social Policy
Clark County Nevada Bar Association
D.C. Street Law Project and Family Literacy Project
Environmental Protection Agency
Expert Pages
Internet Directory of ExpertsFederation of Insurance and Corporate Counsel
HALT - An Organization of Americans for Legal Reform
Hispanic National Bar AssociationInternational Legal Fraternity - Phi Delta Phi
International Society of Lawyers for Public ServiceProBono Attorney association
International Trade Commission Trial Lawyer Association
JAS Publications Expert Search
Free searchable database on specific experts. Cases previously involved in are provided. Fee charged to obtain copies of prior testimony.Judge Advocates Association
For legal professionals working with military legal issues, dedicated to military and veterans lawJudge David L. Bazelon Center for Mental Health Law
Justice Information Center (NCJRS)
Jurist: Law Professors on the Web
Law Book Network
The "ebay" for Law Books, with one caveat, its free! Buy and sell used law bookslawresearch.com - a search form for all the Internet-accessible federal appellate court opinions, U.S. Code, U.S. bills, and Code of Federal Regulations on one page.
Legal Nurse Consultants by State
By Legal Med WareMaryland Institute for Continuing Professional Education of Lawyers
Medical Legal Web Directory
By Legal Med WareNational Association of Attorneys General
The National Association of Process Servers
National Association of Criminal Defense Lawyers
National Association for Law Placement
National Council of Nonprofit Associations
National Governors Association
National Legal Aid and Defender Association
National Legal Center for the Public Interest
National Partnership for Women and Families
National Prison Project of the ACLU, Inc.
National Right to Work Legal Defense Foundation, Inc.
National Senior Citizens Law Center
Occupational Safety Health Administration - OSHA/USDOL
Oregon Criminal Defense Lawyers Association
The Peoples' Law Library of Maryland
Public Citizen Litigation Group
SPIDR
Society of Professionals in Dispute ResolutionState Court Locators, Findlaw, research cases, cites and various state court information.
Trial Lawyers for Public Justice
U.S. Department of Agriculture Homepage
U.S. Department of Justice
Virginia GovernmentWestgroup Attorney Register
A Register of Attorneys, plus Daily Law Highlights Of The Latest Cases, Online Product Catalog With Latest Products For OrderUseful Forms Web Links
Workers' Compensation Forms Federal Acquisition Regulation
Product Liability Federal Statutes
Magnuson - Moss Warranty Act (Consumer Product Warranties), 15 U.S.C. §§ 2301 et seq.
Product Liability Federal Judicial Decisions
U.S. Supreme Court: Recent Products Liability Decisions
U.S. Circuit Courts of Appeals: Recent Products Liability Decisions
Product Liability State Statutes
Uniform Laws
Uniform Commercial Code Article 2
State Statutes
Article 2 of the U.C.C. as Adopted by Particular States
State Judicial Decisions
N.Y. Court of Appeals:
- Recent Products Liability Decisions
- Commentary from liibulletin-ny
- Appellate Decisions from Other States
Tort Law Federal Statutes
Tort Law Federal Judicial Decisions
U.S. Supreme Court: Recent Torts Law Decisions
U.S. Circuit Courts of Appeals: Recent Torts Law DecisionsTort Law State Statutes
State Judicial Decisions
N.Y. Court of Appeals:
Other References
Key Internet Sources
Workman's Compensation Federal Statutes
U.S. Code:
- Federal Employees' Compensation Act - 5 U.S.C. §§ 8101 - 8193.
- Federal Employment Liability Act (FELA)- 45 U.S.C. §§ 51 - 60
- Longshore and Harbor Workers' Compensation Act (LHWCA) - 33 U.S.C. §§ 901 - 950.
- Black Lung Benefits Act - 30 U.S.C. §§ 901 - 945
Workman's Compensation Federal Regulations
Workman's Compensation Federal Judicial Decisions
U.S. Supreme Court: Recent Workers Compensation Decisions
U.S. Circuit Courts of Appeals: Recent Workers Compensation Decisions
Workers Compensation State Statutes
- California's Workers' Compensation Act - California Labor Code §§ 3200 - 6149
- State Judicial Decisions
- N.Y. Court of Appeals:
Appellate Decisions from Other States
Federal Statutes Damages References
U.S. Code:
15 U.S.C. §§ 15-15e - Restraint of Trade Suits
26 U.S.C. - Damages and Income Taxation
28 U.S.C. - Recovery of Damages Against the U.S. and Foreign States
45 U.S.C., Chapter 2 - Railway Carriers
Federal Court Rules and Judicial Decisions - Damages
Federal Rules of Civil Procedure:
U.S. Supreme Court: Recent Decisions Dealing with Damages
U.S. Circuit Courts of Appeals: Recent Decisions Dealing with Damages
Damages State Statutes
- Uniform Laws
U.C.C., Article 2, Part 7 - Remedies Model Punitive Damages Act (Proposed)
- State Statutes
Article 2 of Uniform Commercial Code as Adopted by Particular States
- State Judicial Decisions
N.Y. Court of Appeals:
Appellate Decisions from Other States
Federal Statutes Regarding Insurance
U.S. Code:
- McCarran-Ferguson Act Recognizing State Regulation of Insurance - 15 U.S.C., Chapter 20
- Liability Risk Retention - 15 U.S.C., Chapter 65
- Crop Insurance - 7 U.S.C., Chapter 36
- Flood Insurance - 42 U.S.C., Chapter 50
Federal Judicial Decisions Regarding Insurance
U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions on In surance
- Magnuson - Moss Warranty Act (Consumer Product Warranties), 15 U.S.C. §§ 2301 et seq.
Insurance State Statutes
Judicial Decisions
N.Y. Court of Appeals:
Appellate Decisions from Other States
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