Tort reform

Mo. Rev. Stat. § 565.024 (1) (2013) states that a person is guilty of involuntary manslaughter in the first degree if he or she “recklessly causes the death of another person.” It further states in subsequent paragraphs that if a person operates a motor vehicle or vessel while in an intoxicated condition AND ACTS WITH CRIMINAL NEGLIGENCE to cause the death of any person, the operator of that vehicle is guilty of involuntary manslaughter. The statute specifically states that the person who dies…

If you have ever been in an accident, and the other driver was at fault, you may have had to make a claim under the uninsured motorist or underinsured motorist provisions of your auto insurance policy. These stipulations of your policy come into action when the at-fault driver either has no insurance coverage, or inadequate insurance coverage, to pay for the injuries or property damage that occurred during your accident. Keep reading below for more information on how to deal with these types of…

As a Nursing care professional, being able to provide professional care in your scope of practice means to being able to provide the highest standards of care, competently and within the standards of practice while avoiding harm to the patient. There are several ways a nurse or health care professional can cause accidental harm without intention, however knowing the differences between what can constitute as a malpractice infracture can help nurses in their daily duties. As a health care…

Criminal liability is based upon the coincidence of the guilty act (actus reus) and the guilty mind (mens rea). To be liable, the defendant must have the guilty state of mind at the time he commits the guilty act. Some offenses, however, don’t require mens rea with regard to at least one element of the actus reus. These offenses are called strict liability offenses. When both the actus reus and the mens rea are established and coincide, or when the offense committed is one of strict liability,…

Nursing Negligence Throughout the healthcare system professionals all held liable for their work they perform. Nurses are an essential part to the healthcare system throughout clinics and hospitals around the world. While they are not the head of the healthcare world, nurses receive patients histories, prepare patients for treatments and surgeries as well as care after, nurses help in the initial diagnosis, provide counseling for different medical issues, and so much more. With nurses being…

Author: Anabel Rotger Based on the information obtained from the textbook in chapter 6, I decided to select an article related to negligence and medical malpractice. I found this article in nj.com dated September 15, 2016. It is about former Bergen County, New Jersey prosecutor John Molinelli is suing the Hackensack University Medical Group Urology Department, his urologist and other members of the urology department such as unnamed nurses and doctors for misdiagnosis and lack of treatment back…

Question 8 Under the heading of offences involving criminal negligence, and section 220 stating that, “every person who by criminal negligence causes death to another person is guilty of an indictable offence and liable”, the case of F.J. (2008) set how the section should be applied. In the case, the accused failed to act and prove the necessaires of life to this foster son by not protecting him from the abuse the son suffered from the spouse; nevertheless, the accused was acquitted of charges.…

Introduction In crimes against persons, typically assault or battery is the type of crime committed. In this body of work, the comparison and contrast of assault and battery will be explained. The determination whether or not the jurisdiction in which the crime has occurred should be considered in the actions of the man in the scenario attack as well as if it should be punished as battery. A description of what it would take to change this from battery and/or assault to consensual…

In a typical court, determinations of criminal liability require a voluntary act and intent to commit a criminal act. Legal theory refers to this as Actus Rea and Mens Rea, and liability as the state of being responsible for something. The legal requirement rests on Mens Rea to determine culpability and the actor’s mental state. A general example of this in criminal law is how liability or no liability in a murder case rests on the actor causing the death intentionally. The goal of this paper is…

When you are injured, there are so many choices of injury attorneys. Why not settle for the best at Lewis and Feldman? With over 60 years of experience in personal injury law, where can you go wrong? Whether you need to file a claim for an auto accident, bicycle accident, or even medical malpractice, we have a few things you need to know if you are injured at a store. Read over the guidelines and contact us. Lewis and Feldman is the firm to contact if you believe you have substantial evidence to…