Connecticut Medical Malpractice, Fifth Edition PDF Download

Author: Joyce Lagnese
Publisher:
ISBN: 9781628816310
Category :
Languages : en
Pages : 410

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Book Description
CONNECTICUT MEDICAL MALPRACTICE LAW is the "go-to" reference book for all Connecticut medical malpractice litigators, both the defense and plaintiff's bar. Carefully crafted, the authors have thoroughly covered this overdue subject.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Joyce Lagnese
Publisher:
ISBN: 9781576259603
Category : Medical personnel
Languages : en
Pages : 0

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Book Description
CONNECTICUT MEDICAL MALPRACTICE LAW is the "go-to" reference book for all Connecticut medical malpractice litigators, both the defense and plaintiff's bar. Carefully crafted, the authors have thoroughly covered this overdue subject. Three well-known Hartford area attorneys (from the firm of Danaher, Lagnese & Sacco, P.C.) combined to produce this treatise. Joyce Lagnese, Calum Anderson and Frank Santoro are long on experience and economic with prose. Reviewed by one of the leading plaintiff's attorneys in the state, James D. Bartolini, has said "This is Black Letter Law written with an eye toward helping the novice as well as seasoned malpractice attorney." Updated bi-annually, this treatise provides a balanced offering for use by both the plaintiff and the defense bar alike.

Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616

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Book Description
Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Author: Carl J. Schuman
Publisher:
ISBN: 9781628815832
Category : Criminal procedure
Languages : en
Pages : 600

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Book Description
Written by a talented, experienced, and diverse team of lawyers from the judiciary, academia, the offices of state and federal prosecutors, the office of the state public defender, and the private bar. Follow the process from arrest to post-conviction motions, using the top best practices of Connecticut's Criminal Bar. The digital version contains hyperlinks to full text of cases, statutes and other authoritative content.

Author:
Publisher:
ISBN:
Category : Defensive medicine
Languages : en
Pages : 192

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Book Description

Author: A. Barry Cappello
Publisher: Juris Publishing, Inc.
ISBN: 1578233437
Category : Law
Languages : en
Pages : 944

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Book Description
Lender Liability - Fifth Edition is the leading one-volume work on the subject. This area of the law has grown and matured significantly over the years and is now recognized as a distinct body of law that is the basis of thousands of lawsuits filed over the last decade. Written for both lenders' and borrowers' attorneys, Lender Liability discusses the basics and more advanced issues relating to lender liability. Topics include 1) an extended analysis of where and how lender liability problems arise, 2) common law and statutory theories of liability, 3) bankruptcy concerns and 4) lawsuits against failing or failed financial institutions. A sample complaint, request for production of documents, interrogatories and jury instructions are included on CD for easy use. The work also includes as well tables of state and federal cases and statutes, rules and regulations. This brand new edition has been completely revised, reorganized and updated. It conforms now to the evolution and maturity of Lender Liability as an accepted, cited and well litigated area of commercial and consumer litigation. "Lender Liability" as a body of law has evolved from traditional contract and tort theories, to include causes of action based in the Uniform Commercial Code; including the covenant of good faith and fair dealing. This handy reference work is ideal for either the experienced practitioner or the neophyte involved in representing an institution or client whose interests involve bank liability.

Author: Robert I. Simon
Publisher: American Psychiatric Pub
ISBN: 9780880481076
Category : Medical
Languages : en
Pages : 338

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Book Description
What are the facts about psychiatric malpractice? Is it increasing? If so, how rapidly? What areas of psychiatric practice pose higher risks of legal liability? The anxieties and uncertainties created by the increased threat of being sued for malpractice can interfere with the psychiatrist's provision of good clinical care. Through a general overview -- as well as a discussion of specific legal cases -- this volume presents the major malpractice traps encountered in everyday psychiatric practice.

Author: Joyce Lagnese
Publisher:
ISBN: 9781576252420
Category :
Languages : en
Pages : 0

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Book Description
CONNECTICUT MEDICAL MALPRACTICE LAW is the "go-to" reference book for all Connecticut medical malpractice litigators, both the defense and plaintiff's bar. Carefully crafted, the authors have thoroughly covered this overdue subject. Three well-known Hartford area attorneys (from the firm of Danaher, Lagnese & Sacco, P.C.) combined to produce this treatise. Joyce Lagnese, Calum Anderson and Frank Santoro are long on experience and economic with prose. Reviewed by one of the leading plaintiff's attorneys in the state, James D. Bartolini, has said "This is Black Letter Law written with an eye toward helping the novice as well as seasoned malpractice attorney." Updated bi-annually, this treatise provides a balanced offering for use by both the plaintiff and the defense bar alike.

Author: Colin C. Tait
Publisher: Aspen Publishers
ISBN: 9781543804683
Category : Evidence (Law)
Languages : en
Pages : 0

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Book Description
In the nine years since the Connecticut Code of Evidence was adopted, the law of evidence has changed. Courts have decided many cases interpreting the Code and have developed the common law of evidence. The legislature has enacted a number of statutes affecting the law, and most recently, the Code itself has been amended. For a complete and balanced picture of all the law affecting the admission of evidence in Connecticut courts--from one of the most knowledgeable experts on the topic--there's only one place to turn: Tait's Handbook of Connecticut Evidence, Sixth Edition. Written by Colin C. Tait, widely regarded as the top authority on Connecticut Evidence Law, and the Hon. Eliot D. Prescott, a Superior Court judge and experienced trial and appellate attorney, this comprehensive treatise provides a complete restatement of the Connecticut Law of Evidence, drawing from the Code, case law, statutes, and court rules of practice. Known for its incisive analysis of the intricacies of the state's evidence rules and unparalleled weight of authority, Tait's Handbook was used as a basis for both the Code provisions and the Commentary, which means there's no one more qualified than Professor Tait to provide analysis and practice strategies on vital issues like these: Relevancy--Examines logical relevance; fairness and efficiency; exclusionary rules based on public policy; the rule against character evidence and its exceptions; and other relevancy problems Privileges--Discusses all common law and statutory privileges, from attorney-client to marital and family, and miscellaneous privileges such as privileges of disabled persons. Includes timely discussion of the new privilege for health care professionals in treatment programs Witnesses--Examines approaches to competency with regard to spouses, children, and hypnotic recollection; direct and cross examination; expert testimony; improper questions and answers; credibility and impeachment; and reliability of identification evidence Hearsay--Offers exhaustive analysis of the Hearsay Rule and its exceptions as applied by the courts in Connecticut, including the medical treatment exception Scientific Evidence and Expert Testimony--Explains the Porter analysis for expert scientific evidence Tait's Handbook of Connecticut Evidence, Sixth Edition covers all relevant developments in case law, standards and procedure, including: Comprehensive discussion of the Connecticut Supreme Court's decision in State v. Dejesus. The future of the Connecticut code of evidence. Inclusion of in-depth discussion of all important new case law. Full integration of the past six years' supplements into the main volume Previous Edition: Tait's Handbook of Connecticut Evidence, Fifth Edition