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.

Evaluation, Cases, Criminal justice, Administration of, Administration of criminal justice, Medical errors, Negligence, Criminal, Criminal negligence, New York (State), Internists, Einaugler, Gerald, Mistake (Criminal law)

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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.

Year 2000 transition (Computers), Insurance, Products liability insurance, Product liability insurance

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