Tort Reform In Texas

Improved Essays
Battery is defined as an illegal touching of another person. This can be as small as grabbing someone’s shoulder or wrist all the way up to imposing serious harm on another person. If you are involved in an argument that becomes physical and the other person punches you in the face, this is considered an “intentional tort.” In all situations in a pharmacy, you should make sure that you never, ever touch a customer in any way. This country has become so “sue happy” and our courts are full of frivolous lawsuits that the people who really need the help and have a viable case cannot get any legal team to take their case. Ironically, it is call the “Tort Reform” in the state of Texas. I know this from personal experience.

Related Documents

  • Decent Essays

    The case of Brandt v. Boston Scientific Corporation and Sarah Bush Lincoln health center. This was a case where a patient Brenda Brandt was seen for a medical condition. While being treated for the condition the medical center she was implanted with a product that would be subsequently be recalled after her surgery. I was recall because it caused server medical complications with patients. Mrs. Brandt files a suit against the medical center and the manufacture Boston Scientific Corporation of the product which was implanted in her for a breach of warranty the Health center file a motion to have the case thrown out.…

    • 147 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Moore Vs Texas Case Study

    • 265 Words
    • 2 Pages

    Moore V. Texas In 1980 a man named Bobby James Moore was convicted of capital murder. Moore shot and killed Mr. James McCarble who was a seventy-year-old stork clerk in Houston, Texas. Moore was convicted and sentenced to death. In 2001 a federal court granted habeas corpus relief, which lead to a new punishment hearing, but Mr. Moore was once again sentence to the death.…

    • 265 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    Texas V Johnson Tolerance

    • 230 Words
    • 1 Pages

    Unit One Essay Texas v Johnson and the American beg stands for tolerance differences. Texas V Johnson is the court's decision. American flag stands for tolerance in his opinion. Court's decision they had accept Gregory Johnson for his Beliefs, the editor of the newspaper has his on opinion on it. American flag stands for tolerance.…

    • 230 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Moore Vs Texas Case Study

    • 319 Words
    • 2 Pages

    Thomas Bandy 2A In a recent article on The Washington Post, the Supreme Court is said to be gauging the death penalty in cases of a person who is intellectually disabled. A specific case, Moore v. Texas, has a particular inmate challenging the death penalty system named Bobby Moore. He, who is guilty of killing a man in an armed robbery in 1980, is challenging exactly how they choose who is eligible for the death penalty based on intellectual disability. This case has taken many turns since 1980, enough turns to make it to a Supreme Court topic of interest.…

    • 319 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    On December 9, 2015, the Supreme Court rules on a 4-3 decision that the Equal Protection Clause of the 14th amendment allows colleges and universities to use race as part of the college admissions process for undergraduates in the case of Fisher v. University of Texas. The majority opinion issued by Justice Kennedy argues that there was no other way for the university to fulfill its compelling interest of increasing diversity without using race as part of its admissions process. Justice Thomas’s dissent, he stated that the 14th amendment prohibits race in any way, shape, or form for use of discrimination. Abigail Fisher, a caucasian female, applied to the University of Texas in 2008. The University of Texas had a policy where they accepted…

    • 595 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Intentional Tort

    • 1275 Words
    • 6 Pages

    As the owner of a commercial enterprise, there are several aspects of operating a business organization that one ought to be mindful of. With the traditional routines of running a business, the owner should even be knowledgeable of laws that pertain to the business as well as the effects they may have. The incident that occurred at Springfield Arms Apartments brings about queries on where the accountability lies, with the owner or the trespasser. The responsibility is weighted legally as damages incurred. However this matter is handled by the owner reflects the kind of business ethics Springfield Arms Apartments is overseen by.…

    • 1275 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    The raising access to health care for imprisoned individuals to a legitimate right drastically altered correctional health care. It has also recognized a continually altering standard of mandatory care because the accurate is based on advanced standards of health care within the overall public. A prison facility must frequently screen new health care potentials and attempt to decide what is obligatory. “Correctional health care must consider access, quality, and cost together as part of a system; this may be easier to do in a clearly defined setting such as corrections than in the community” (Wright, 2007). The Estelle v. Gamble case also educated imprisoned individuals that lawsuits can be used to enhance care and to make an effort to force…

    • 131 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    The defendants' branch shop, consisting of a single room, was adapted to the "self-service" system. The room contained chemist's department, under the control of a registered pharmacist, in which various drugs and proprietary medicines included, or containing substances included, in Part I of the Poisons List compiled under section 17 (1) of the Pharmacy and Poisons Act, 1933, (but not in Sch. I to the Poisons Rules, 1949), were displayed on shelves in packages or other containers, with the price marked on each. A customer, on entering the shop, was provided with a wire basket, and having selected from the shelves the articles which he wished to buy, he put them in the basket and took them to the cashier's desk at one or other of the two exits, whore the cashier stated the total price and received payment. That latter stage of every transaction involving the sale of a drug was supervised by the pharmacist in control of the department, who was authorized to prevent the removal of any drug from the premises.…

    • 281 Words
    • 2 Pages
    Improved Essays
  • Decent Essays

    Texas Health Care Issues

    • 305 Words
    • 2 Pages

    Texas Issue The most important issue facing Texas today is Health Care because the Health and Human services make up the second biggest part of the Texas budget. Despite the billions of dollars spent, Texas remains the state with the highest proportion of uninsured in the country, at about 24 percent. In fact, 4.3 million Texans including 623,000 children lack health insurance. Texans rates, 1.75 times the national average, create significant problems in financing and delivery of health care to all Texans. Democrats say Texas could copy other conservative states and expand Medicaid to provide health insurance to thousands more residents.…

    • 305 Words
    • 2 Pages
    Decent Essays
  • Great Essays

    There are four elements of the intentional tort of battery. (1) There must be a voluntary, affirmative…

    • 1778 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    In this Scenario it talks about the effects that the Healthcare Reform Bill of 2010 has had on the American economy. Yes, there has been a tremendous amount of individuals who still lack the opportunity to be insured due to living below the poverty level or the lack of having the means, because even though it is offered from their employees the rates are still too expensive for them to be able to afford it for their entire household. Also, there is a stipulation clause that is set in place that puts an emphasis on whether or not one even is eligible for this new found insurance and if one does not meet that quota they are not eligible to even receive the new health insurance. Prior to 2010 this problem with the lack of coverage was in the…

    • 1229 Words
    • 5 Pages
    Improved Essays
  • Great Essays

    The Texas Legislature is the most significant representative institution within the whole state. It is also the most powerful out of the three branches of government. The Texas Legislature consists of a bicameral body that is organized of one hundred and fifty House of Representatives members and of thirty-one Senate members. The House of Representatives has a chief presiding officer that is known as the Speaker of the house. Speaker of the house is one of the individuals that has a powerful political figure within the state.…

    • 2562 Words
    • 11 Pages
    Great Essays
  • Decent Essays

    Tort reform is limiting the amount of punitive damages that can be recovered in a tort case making it harder for the plaintiff to have a case. Those against tort reform want no limit on the amount that can be recovered. I am against tort reform and believe there should be no limit on the damages that can be recovered. One of the goals of tort reform is to limit the amount of lawsuits that qualify to save the courts money. Some people in society believe the courts should hear more important cases.…

    • 461 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Healthcare Reform

    • 784 Words
    • 4 Pages

    Reading about the struggle for immigrants to receive healthcare is pretty disheartening. You imagine an individual or a family who goes through all the work of getting to the United States, establishing themselves with a job and a halfway decent place to live, and then working their hardest to contribute to society, but at the end of the day, they can’t get healthcare coverage either because of their status or the fact that they work jobs in a sector that provides little to no coverage. The chart from the National Immigration Law Center shows how willing we are to accept and help individuals such as those seeking asylum to sustain a heathy living with coverage and government aid from organizations such as SNAP and medicaid, but the question…

    • 784 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Generally, in insurance policy, insurance companies may sometimes decide to reverse a cancellation of their client’s coverage plan due to irregularities, illegalities or exaggeration, this process is known as rescission. However, Obamacare act illegalized rescission. But it could apply in the health insurance coverage in certain cases, these include; • If the information given during application for medical cover is false and if replaced with the truth would render the person illegible for the health cover applied for. An example that would lead to rescission is when a person applying for COBRA states death as a qualifying event, yet there is no death of a family member, the insurer can rescind the application. •…

    • 170 Words
    • 1 Pages
    Decent Essays