Malpractice is not criminal; mistake is?
Article Abstract:
Prosecutors should not criminally prosecute physicians who make an honest mistake by opting to conservatively treat patients whose conditions later worsen. Such prosecutions could have a chilling effect upon physicians and erode patient care. In Einaugler v. Supreme Court, internist Gerald Einaugler was convicted of reckless endangerment and criminal neglect for delaying the hospitalization of a stable patient after mistaking her unusually placed dialysis catheter for a feeding tube. Einaugler's sentence was commuted in Jun 1997 by New York Gov George Pataki.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Insurers can expect a swarm of millennium bugs; businesses facing Y2K liability to shareholders and customers will claim coverage in droves
Article Abstract:
Liability insurance carriers can expect a great many claims for Year 2000 liability, and insurers may have much to worry about given the many products containing date-sensitive computer technology as part of their operations. Breach of contract is the most likely claim. Avoidance of such claims may be based on the argument that the year-2000 risk was known in advance and thus the losses were 'expected or intended.' Even if insurers place year-2000 exclusions in their policies, earlier policies may be structured such that claims already been set in motion.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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