Articles, tagged with "burden of proof", page 6

How To Cope With Medical Malpractice

With no doubt, medical malpractice is one of the most misunderstood forms of litigation in the legal profession. This is due to the fact that many people that are victims of instances of malpractice may be completely unaware they have been a victim of it.... Read >
Author: Jon Arnold

When does an injury rise to the level of justifying a lawsuit?

Automobile collisions, slips, dog bites and workplace accidents all share one thing in common; the injured often suffers damage beyond that of physical injury. Medical bills can quickly add up and the burden of lost wages can lead to a host of other finan... Read >
Author: Ryan Russman

WIPO and The Invincible Lords of Nature: Domain Names and Fan Sites

A recent decision from the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center added a new wrinkle in the use of a domain name by a fan site. In Giochi Prezioso S.P. A. v. VGMD NetWeb S.L. (Decision No. D2009-0542, July 2, 20... Read >
Author: Richard J Slawson

Medical Negligence: A Fact of Life

Medical negligence is a fact of life, even though no one really wished that it occurs. Medical negligence means that there was a deviation from the accepted way that things should be done in the medical community. There are a number of reasons why it coul... Read >
Author: Robert Palmer

Information Overload and the Experienced Clinician

Uncertainty still plays an important role in the aspects of all medical decision making. It is further compounded by the information overload that characterizes modern medicine today. At the heart and centre of all this is the experienced clinician, who m... Read >
Author: Robert Palmer

Bankruptcy fraud and luxury items: Be careful what you buy!

In any financial or legal proceeding, there are often little pitfalls that you have to watch out for. One common mistake that consumers make is purchasing something on credit just before they declare personal bankruptcy. This is certainly something you ... Read >
Author: Cecilia Rodriguez

When Dog Owners Are Charged With a Crime - Part 3

There are certain defenses available to a dog owner who is criminally prosecuted for owning a dangerous or potentially dangerous dog. One defense is provocation of the animal, which is the same defense available under the civil "Dog Bite Statute" discusse... Read >
Author: Christopher M Davis, Attorney At Law

Medical Negligence and When it Occurs

Medical negligence occurs when a health care provider does not follow the accepted medical practices that result in either injury or death to their patient. Often times, the negligence is not intentional. Sometimes, patients are not even aware that a mist... Read >
Author: Robert Palmer

Digital Record Keeping: What Pennsylvania’s New Right-to-Know Laws Can Teach Every Business

Federal and state Right-to-Know laws have been in effect for several decades, but in Pennsylvania they were recently redefined. Regardless of whether or not you do business with agencies in the state of Pennsylvania, there are lessons you can learn about ... Read >
Author: Allen Gavlak

Proving Race Discrimination in Employment

Direct race discrimination is when an organisation (or an employee of the organisation) treats a person less favourably than someone else on racial grounds. Proving direct race discrimination is not trivial. The burden of proof is on the employee allegin... Read >
Author: Simon King

Whiplash Claims Solicitors

Why whiplash crash scams make it harder for real victims Motor insurance companies are becoming concerned that a rising tide of fraudulent whiplash claims could make life much harder for genuine victims of road traffic accidents and push the cost of in... Read >
Author: Nick Jervis

Steps To Avoiding Refusal Of Your Immigrant Visa Application

In this country, we are fortunate to live in an open society. Unlike some other countries, the United States doesn't impose unnecessarily burdensome restrictions on most of the people who just want to visit here. Some countries, in fact, require registrat... Read >
Author: Robert Bell

Workplace Discrimination

The case of Chagger v Abbey National plc & Hopkins of 2006, where the Employment Tribunal applied the reverse burden of proof provisions of section 54A, the 2003 amendment to the Race Relations Act 1976, and consequently made an unprecedented compensation... Read >
Author: Simon King

Reverse Burden Of Proof in Race Discrimination UK

Regarding the issue of race discrimination in the UK, employers must follow fair, objective and rational redundancy procedures lest the capacity to defend against accusations of discrimination is lost. In race discrimination cases the burden of proof is ... Read >
Author: Simon King

The Major Problem that is Medical Negligence

Medical Negligence and Medical malpractice is a major problem that threatens health care systems around the world. While there are no exact numbers, it is estimated that it costs doctors, consumers, and the overall health care system billions of dollars p... Read >
Author: Robert Palmer

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