Find Legal Information

Burden of ProofIn common law the burden of proof will always fall on the plaintiff. This means that to prove his or her case the evidence will need to be compiled by the plaintiff against the defendant. In criminal law it is easier to see where the burden of proof falls to, the state that provides the evidence against the accused after exhausted police work. Then it goes to tri..

..

Medical malpractice is a serious issue in the United States, and an expense one to litigate as well. The plaintiffs must be completely sure that a form of medical malpractice has occurred. Even at that there are financial obstacles that also stand in the way. Many times if a malpractice case occurs within a hospital the plaintiff must be ready to outspend the hospital as an ent..

What are the Good Samaritan Laws?The Good Samaritan law is a compilation of acts or laws that protect individuals who decide to serve and tend to other individuals who are ill or injured. These laws are intended to eliminate or reduce a bystanders' hesitation to assist an injured or ill stranger, due to fear of being prosecuted or sued for wrongful death or unintentional injury..

..

MALPRACTICE INSURANCE COSTSJust as an individuals auto or home insurance policy will protect them from damages involving their car or residence MALPRACTICE INSURANCE is to protect professionals from financial damage casued by liability due to their actions.  The most common view of MALPRACTICE INSURANCE is that it is used by physicians.  Where this is true it is often..

Medical Malpractice Defined:Medical Malpractice is defined as professional negligence toward a treating patient by a health care professional. Health care professionals who may be charged with medical malpractice include doctors, nurses, surgeons and any licensed medical professionals such as chiropractors, physical therapists and the like. It is because of the occupational ris..

..

When do you have a Malpractice Suits Against Doctors? If an individual has been injured due to the negligent treatment by a physician, nurse, psychiatrist, etc. that individual may have a claim for MALPRACTICE AGAINST A DOCTOR.  In the typical situation a patient will go into a doctor's office for treatment of an illness, surgery, or psychiatric trea..

Express & Implied Contracts from a Physician:When a patient begins treatment under a health care professional, he or she forms a contract between him or herself and the medical professional. The contract formed therein is legally binding and is condition subsequent in nature - the health care professional will perform a service, resulting in payment from the patient for ser..

An exculpatory clause comes from the latin "culpa" which means fault or blame.  It is thus that an exculpatory clause is present in an agreement in order to absolve a party from blame.  In personal injury law, when an exculpatory clause is signed, the ability to sue for negligence or medical malpractice is limited.  There is no federal law which regulates exculpa..

WHAT ARE THE MODERN TRENDS FOR MALPRACTICE INSURANCE COSTS?Just as an individual's auto or home insurance policy will protect them from damages involving their car or residence malpractice insurance is used to protect professionals from financial damage incurred from liability due to their actions.  The most common view of malpractice insurance is that it is used by physic..