Standard of Care

News & Analysis as of

Is the Irreversible Truly Unforeseeable?: The Law of Suicide

According to the Centers for Disease Control and Prevention, the number of suicide deaths in 2010 was 38,364, making it the tenth leading cause of death in America. For younger demographics, the numbers are even more...more

Draft Guidelines for TeleICU Operations Released

The American Telemedicine Association released draft Guidelines for TeleICU Operations on March 28, 2014 and is seeking public comments through April 26, 2014. Practice guidelines can serve as a useful reference point...more

China’s New Consumer Protection Law: Dramatic Changes Ahead

On October 25, 2013, China’s President and Chairman of the Communist Party of China Xi Jinping signed off on the long-expected revised Law on the Protection of Consumer Rights and Interests (the “New Consumer Law”), which is...more

Suing a Licensed Real Estate Professional May Require You to Complete and Turn In Your Homework

A lawyer must have a good faith belief, after reasonable inquiry, that a lawsuit he files is grounded in fact and warranted by existing law. Ariz. R. Civ. P. 11. In other words, lawyers violate Arizona’s rules of civil...more

New Jersey Medical Malpractice Cases Now Require Very Specific Medical Experts

Almost all medical malpractice cases depend on expert witnesses, usually physicians, to testify on behalf of the plaintiff to explain where a mistake was made....more

When Can Insurance Companies Sue Their Coverage Lawyers?

Insurance coverage lawyers are sometimes called upon to serve as expert witnesses on the standards of practice applicable to coverage attorneys engaged by insurers to provide coverage advice. ...more

BVI Trusts: Private Trust Companies

INTRODUCTION - Since 2007, it has been possible in BVI to establish a Private Trust Company (“PTC”) which may act as trustee of trusts without the need to obtain a BVI trust licence as long as certain conditions are...more

Health Care Fraud Conviction Stands Despite Vague Standards of Care

In Brief: - A failure to meet medical standards, by itself, would not sustain a health care fraud conviction. - The government, however, typically offers additional evidence sufficient to establish knowledge...more

Lees v. Carthage College: A Seventh Circuit Decision on the Admissibility of Expert Testimony for the Standard of Care

The Seventh Circuit recently issued two opinions with interesting evidentiary issues. We wrote about the multiple levels of hearsay in Jordan v. Binns, No. 11-2134 (7th Cir. Apr. 4, 2013), last week. And, this week, the...more

Mine is better than yours! Battle of the experts in the construction lawsuit (Law & Order: Hard Hat files Part 6)

Eventually, most construction lawsuits of any size involve hiring experts to review the project. These experts then usually issue an opinion as to whether or not you, as the design professional, violated the professional...more

Medical Malpractice: Defining The Standard Of Care In Oklahoma

"Standard of care" is a critical legal yardstick used in medical malpractice litigation to determine responsibility – or lack of responsibility – on the part of a medical practitioner for negative medical outcomes. The...more

Engineering for the Earthquake- Dumbarton Bridge (News Note)

Engineers who design in earthquake-prone areas know that they need to design the seismic loads of their bridges to account for potential massive shifts during a quake. (This is what is legally known as the professional...more

Court holds that federal standards of care pre-empt state law standards

Originally published in International Law Office on November 27 2012. A New York state trial court recently added another voice to the chorus of cases finding that federal law pre-empts state law standards of care in the...more

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