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Liability to Non-Patients: Recent Decisions Offer Guidance
Although, generally, there must be a physician-patient or a hospital-patient relationship for a legal duty of care to exist upon which liability may be founded, in some situations, health care providers may be held liable to someone other than a patient. See Moore and Gaier, “A Doctor's Liability to a Non-Patient,” NYLJ Feb. 3, 1998, p. 3; Moore and Gaier, “Recent Decisions on Physician Liability to Nonpatients,” NYLJ Oct. 3, 2000, p. 3; Moore and Gaier, “Recent Decisions on Liability to Non-Patients,” NYLJ June 3, 2003, p. 3. This issue may currently be of particular interest in view of recent incidents involving the Ebola virus in this country. For instance, the news reports from Texas of a symptomatic patient being discharged from an emergency room after he reported he recently returned from a West African country highlights the potential impact that medical negligence can have on non-patients. Fortunately, no one with whom that patient came in contact after his discharge contracted the virus. But what if they had? Can a hospital be held liable to people who were not its patients, but who nevertheless become sick as a result of mistakes in treating a patient?
The answer to this question lies in the cases analyzing whether health care providers may be held liable to non-patients. This article looks at such case law in New York.
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Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.