...Conveyancing - Complaints Against Solicitors Conveyancing process is so complex and frustrating that you require the help of an experienced solicitor. But in case you feel a conveyancing solicitor is trying to take advantage of you, you can always complain it to the respective authorities. Complaint on poor service All law firms will have a grievances procedure. Contact the firm and express your grievance in writing. Another way is to fill up a Resolution form available from Citizens Advice Bureau and the Law Society and send that to the firm. A convincing reply should arrive within 28 days from the lawyers. If not satisfied, you can follow the next option, contacting the Legal Complaints Service. You should receive a reply within 5 days. If they do not help you and your lawyer to come to an agreement, go to the final option: Seeking the help of Legal Services Ombudsman. Ombudsman is an investigator who will investigate your case privately. This is bound to help you out. Complaints against your bills In a case where you feel cheated for the conveyancing fees you were charged by your coveyancer, contact Legal Complaints Services as soon as possible. They will allow you to check your bill with the solicitor's bill for any discrepancy. Also you can ask for an independent body to check the bills and tally the costs, such as the court. This is called assessment. Complaints for negligence The only way to deal with this complaint is suing the solicitor for professional negligence and...
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...allegations contained in Paragraph 1 of Plaintiff’s Complaint. 2. Defendant admits he is a resident of Morris, Oklahoma, Defendant denies allegations in Paragraph 2 of Plaintiff’s Complaint. GENERAL ALLEGATIONS (BREACH OF PROMISE) 3. Defendants admits allegations of Plaintiff and Defendant agreeing to marry each other in Paragraph 3 of Plaintiff’s complaint. 4. Defendant denies allegations in Paragraph 4 of Plaintiff’s Complaint. 5. Defendant admits he refused to marry Plaintiff. Defendant denies allegations of forcing Plaintiff and children to leave planned marital residence in Arizona, forcing them to return Oklahoma in Paragraph 5 of Plaintiff’s Complaint 6. Defendant denies allegations in Paragraph 6 of Plaintiff’s Complaint. 7. Defendant denies allegations of intentional or reckless disregard in Paragraph 7 of Plaintiff’s Complaint. COUNT TWO (TORT) 8. Defendant denies allegations in Paragraph 9 of Plaintiff’s Complaint 9. Defendant denies allegations in Paragraph 10 of reckless disregard Plaintiff’s Complaint 10. Defendant denies allegations in Paragraph 11 of Plaintiff’s Complaint. NEW MATTER AND AFFIRMATIVE DEFENSE Although denying that the Plaintiff is entitled to the relief prayed for in the Plaintiff’s complaint, Defendant further states that the Plaintiff is barred from recovery by reasons of the following: 1. That the Plaintiff’s injuries were proximately caused by her own contributory negligence and want of due care under the circumstances prevailing...
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...filed a complaint against Stolberg for assault, battery, and negligence. The plaintiff then filed a first amended complaint for negligence only. The plaintiff is essentially claiming an intentional, offensive touching. Therefore, the plaintiff’s proper cause of action is intentional tort of battery, not negligence. The trial court granted in favor of the defendant in regards to plaintiffs negligence claim. Issue: Can Smith be held liable for assault and battery since Stolberg amended his assault and battery complaint? Rule: The intention to do harm is the essence of an assault. In actions to recover assault does not apply to actions to recover for assault and battery. Battery is a general intent offense. The defendant does not need to intend specific harm, but only commit an act of unwanted contact. If the wrongdoer only intended an assault but did not intend to actually hurt the person, but yet made contact with the person, both an assault and a battery have occurred. The plaintiff does not have to prove an actual physical injury. The plaintiff only needs to prove an unlawful act, MCL 600.5805. Once there is harm all elements of battery are present. Espinoza v. Thomas, 189 Mich.App. 110, 119, 472 N.W.2d 16 (1991). The Circuit Court of Lapeer did find that Stolberg did intentionally push Smith into the bench causing him to hit the floor. However, Smith argued the fact that he was not informed of the assault and battery complaint since Stolberg amended his complaint, MCR 2...
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...Professional Regulation and Criminal Liability Paper University of Phoenix HCS/430 Legal issues in Health Care August 3, 2010 There are currently over 50 different “acts and behaviors that are defined as professional misconduct for physicians” (State of New York Department of Health, 2010). The most common acts and behaviors that are reported as misconduct fall under categories such as: negligence, incompetence, impairment, sexual abuse and fraud. This paper will explore medical misconduct as it relates to physicians. The author will identify the civil complaint process for the state of Florida that will help patients to report suspected professional misconduct or incompetence, and will investigate the regulatory agency that will be called upon to investigate such allegations. The author will also explore the process in which the regulatory agency determines and applies appropriate disciplinary actions. Medical Misconduct Negligence can be defined as “the failure to exercise the care that would be used by a reasonable prudent physician in the same situation” (State of New York Department of Health, 2010). Physicians that fail to follow medical standards while treating patients are considered to be negligent, even if no injury occurred. In order for a physician to be found negligent “all that must be proven is that a physician failed to meet the standard of care” (State of New York Department of Health, 2010). Negligent acts can be any of the following: wrongful treatment...
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...Tech Dawn Epley, RN Daniela Roberts, RN Josephine Onyema Hospital: Columbia Olympia Fields Osteopathic Hospital & Medical Center Claim: Personal injuries sustained in a fire which took place while involuntarily restrained on a cart while awaiting treatment in the emergency room Presided: Justice Karmeier delivered the judgment of the court, with opinion. Chief Justice Thomas and Justices Freeman, Fitzgerald, Kilbride, Garman, and Burke concurred in the judgment and opinion. Initial Ruling: Following a jury trial, a verdict was returned in favor of all defendants and against plaintiff. The appellate court reversed and remanded for a new trial on the grounds that the circuit court had erred in dismissing, on the pleadings, a negligence count asserted by plaintiff based on the doctrine of res ipsa loquitur The Case: •...
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...matter in the contents of an unopened Sprite bottle. The Department of Health informed her that the samples she submitted are adulterated. Her sales of soft drinks plummeted, and not long after that, she had to close shop. She became jobless and destitute. She demanded from the petitioner the payment of damages but was rebuffed by it. She then filed a complaint before the RTC of Dagupan City, which granted the motion to dismiss filed by petitioner, on the ground that the complaint is based on contract, and not on quasi-delict, as there exists pre-existing contractual relation between the parties. Thus, on the basis of Article 1571, in relation to Article 1562, the complaint should have been filed within six months from the delivery of the thing sold. The CA reversed the RTC decision and held that Geronimo’s complaint is one for quasi-delict because of petitioner’s act of negligently manufacturing adulterated food items intended to be sold for public consumption; and that the existence of contractual relations between the parties does not absolutely preclude an action by one against the other for quasi-delict arising from negligence in the performance of a contract. Hence, this petition. Issue: Whether or not the action for damages by the proprietess against the soft drinks manufacturer should be...
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...Negligence Paper Edna Delgado University of Phoenix HCS/478 Djuanique Slaughter March 7, 2013 Medical mistakes have different circumstances in each case. However, our court system applies a one size fits all methodology for such errors. Health care providers are at high risk for potential negligence, gross negligence, and malpractice claims that may be filed against them. In fact, as health care reform transitions into preventative medicine, registered nurses have added professional accountability to patient care than any other time in nursing history. Services provided by nurses can be criticized as deficient if accurate documentation lacks supportive description of the care rendered. This paper defines negligence, gross negligence, malpractice, and the importance of documentation. Also, it presents the article from the Neighborhood Newspaper, “Amputation Mishap; Negligence” and the ethical principles that would guide this author’s practice using such scenario. According to Guido (2010), negligence is defined as conduct that falls below the Standards of Care established by law to protect the well-being of others (p. 92). Negligence is the contrary of diligence. An act is believed to be made negligently when it is done without due diligence. It may also be described as an action that is performed in a manner that a prudent person would not carry out. For example, in nursing the crash cart requires daily assessment of stocked supplies and expiration...
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...Lighters: Child’s play or liability? According to the U.S. Fire Administration, over 35,000 fires are set by children each year and 8,000 of those fires are set in homes (“Curious Kids”, 2006). Fires can be very attractive and many children are fascinated by it. Oftentimes children are exposed to some type of fire, from a lit candle on a birthday cake to campfires and fireplaces, or even fireworks. Many children become curious of this phenomenon and almost always, they will attempt to start a fire. Because lighters and matches are an attractive item for children to play with, parents should take extra caution when potentially dangerous items are in the home. For that reason, fire starting tools such as lighters and matches should be kept hidden or stored in secured areas away from children. The following court case stemmed from a child’s curiosity in playing with a utility lighter. On the night of March 31, 1998, Ms. Susan Calles returned from the video store to find her home surrounded by an emergency response team. Upon arrival, she was informed by fire investigators that her home had been set on fire. She later learned that while she was out with her daughter Victoria to get videos for Amanda, Jenna had started a fire using a utility lighter. Ms. Calles, along with her four daughters, Amanda (age 11), Victoria (age 5), and twins, Jenna and Jillian (ages 3) share a home in Illinois. Before Ms. Calles left her home earlier that night, she had put the twins...
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...Foul Ball 1. What argument would you make on behalf of Emily that the owner of the baseball park had a legal obligation to protect her from wild baseballs? The land, for which the baseball park is on, is a public place. A public invitee is one who is invited and enters the land for the purpose for which the land is held open to the public, in this case a baseball field. The owner of this public land has a duty to protect his invitees with reasonable care, because he is the possessor of the land. Using reasonable care requires the defendant to recognize the risks created by his actions and to act reasonably in light of those risks. I would make the argument that the defendant breached his duty with negligence by not having a fence surrounding the baseball field to prevent such injuries from occurring (Edwards & Edwards, 2012). 2. What argument would you anticipate the owner would make in response? In response, I think the owner would claim that he owed no duty to plaintiff because she was not on his property when the injury occurred; she was walking on the sidewalk. In addition, I think he would respond with the foreseeability approach. Defendant could claim that he was not acting in a unreasonable manner, because it is common knowledge that injuries happen from sports, and by walking by the baseball field, plaintiff took that known risk of injury happening (Edwards & Edwards, 2012). 3. What are the laws, both statutory and...
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...Case Analysis Liebeck v. McDonald’s Restaurants Pearson v. Chung Introduction Liebeck v. McDonald’s Restaurant, also referred to as the “McDonald coffee case”, was a well known case in the United States of America in 1994 because it was considered frivolous. The case involved a woman Stella Lieback, who spilled the hot coffee she purchased from McDonald onto her lap and sustained a series of third degree burns, and was awarded millions of dollars from her lawsuit against McDonalds. The coffee was not only hot, but it was scalding, capable of immediate damage to the skin, flesh and muscle (Letric Law, 2011). In addition to the above case, the Pearson v. Chung case, also known as the “pants lawsuit”, was also a well known case in America in 2005 (Lexis-Nexis, 2008). This is a case where an administrative law judge in the District of Columbia had taken a pair of pants to the cleaners for alteration and dry cleaning; and sued the cleaners for $67 million dollars for the loss of his pants. The case was considered frivolous and became a flashpoint in the debate in the United States over tort reform (Lexis-Nexis, 2008). The major focus of this paper will be to critically analyze these two cases on the stated facts, the issues, the applicable laws, and the decision of the judge and the jury. What are the facts? There are some facts associated with Liebeck v. McDonald’s case. The woman involved in this case was 79-year old Stella Liebeck of Albuquerque, New Mexico,...
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...Amy and Matt Stark can allege a cause of action of wrongful birth against Loving Homes more effectively than negligence and breach of contract. Pennsylvania declared the bar on the wrongful birth statute, 42 Pa.C.S.A. § 8305 (1988), unconstitutional in 2012. Therefore, wrongful birth can be alleged as a tort in the commonwealth. To allege breach of contract, a contract stating that Loving Homes would screen for cystic fibrosis would need to be found during discovery, and to allege negligence we would need to find that they neglected to screen for CF based on the supposed contract or neglected to inform Amy and Matt about the CF gene from donor 3409’s medical history. For now we should allege all three claims in the complaint just in case there is a contract to be found if we reach the discovery period....
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...Before You Sue The Accountants Daniel J. Hurson Even if it looks like a strong case, be careful—there are some surprising defenses. IN THE WAKE OF the corporate accounting scandals that have dominated the business news for the last few years, as well as recurring announcements of large settlements in class action suits against major accounting firms, the prospect of a malpractice case against an accounting firm would at first glance seem attractive. Juries are presumably more predisposed to view accountants with renewed skepticism, when hardly a news cycle passes without some reference to accounting fraud, investigations, and the occasional large-scale debacles like the demise of Arthur Andersen, not to mention the high-profile criminal prosecutions that have recently gone to trial. Daniel J. Hurson, formerly Assistant Chief Litigation Counsel at the SEC, practices securities enforcement and accounting malpractice law in Washington, D.C. His website is www.hursonlaw.com. 25 26 The Practical Lawyer April 2006 Accountant malpractice litigation is a minefield of arcane judicial doctrines layered over pleading and discovery traps that can bury the best plaintiffs’ counsel. Indeed, among the players in these sagas, the accountants sometimes offer the best litigation target. The companies themselves have often tanked; the errant executives dismissed, awash in legal problems, and without insurance coverage; but the accountants (Andersen notwithstanding)...
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...Professional Regulation and Criminal Liability HCS/430 January 6, 2015 Professional Regulation and Criminal Liability The trust and care of patients to health care providers has been on the decline for several decades (David A. Thom, 2004) Crimes committed by health care professionals, occur at all levels. Patients are more involved with their care, due to more accessible resources on the internet. Patients can research their physician criminal charges. The internet allows the patients to obtain health care information. In addition, the burden is on the health care providers. Although health care providers are aware they can review the criminal history, negligence still occurs. Despite the awareness of patient and health care providers, health care crimes, such as narcotics, are ongoing. This paper will discuss health care professional regulation and criminal liability. Health Care Professional Neurologist A Neurologist is a medical doctor who specializes in the treatment of the nervous systems, the brain, spinal cord and peripheral nerves (Educational Requirements for being a Neurologist, 2014). Dr. Lambry, a neurologist from Kaiser Permanente, stated “It takes approximately 12 years to complete your education, pre-med and internship.” The first step for potential neurologist is get a science degree, which averages three to four years (Educational Requirements for being a Neurologist, 2014). In their junior year, neurologist must take and pass the Medical...
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...(Cite as: 212 Ill.App.3d 380, 570 N.E.2d 1227, 156 Ill.Dec. 505) 15 UCC Rep.Serv.2d 503, Prod.Liab.Rep. (CCH) P 12,851 Appellate Court of Illinois, Fifth District. David B. GARAVALIA, as executor of the Estate of Arvo Lake, a deceased person, Plaintiff-Appellant, v. HEAT CONTROLLER, INC.; Addison Products Company, Inc.; O.G.F. Corporation, doing business as Giles Appliance Center; and Odell Giles, individually, Defendants-Appellees. No. 5-89-0749. April 19, 1991. Decedent's estate appealed from order of the Circuit Court, Franklin County, Donald L. Underwood, J., granting air conditioning manufacturers' motion to dismiss breach of warranty, negligence, and products liability claim arising when decedent died as alleged result of failure of air conditioning unit. The Appellate Court, Harrison, J., held that: (1) death of elderly purchaser from hyperthermia as result of failed air conditioning unit was reasonably foreseeable, permitting claim of consequential damages in action for breach of warranty; (2) manufacturers owed duty of care to purchaser to design and manufacture product that would be reasonably safe for its intended and reasonably foreseeable uses; and (3) whether leaky air conditioning unit that failed to cool on a hot day was dangerous was question for jury. Reversed and remanded. Howerton, J., filed dissenting opinion. West Headnotes [1] KeyCite Notes 307A Pretrial Procedure 307AIII Dismissal 307AIII(B) Involuntary Dismissal 307AIII(B)6...
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...Business Legal LAW: 1. The sum total of all the rules to live by. 2. Consistant enforcement; avoids chaos. SOURCES OF THE LAW 1. Constitution: creates rights, express rights (written in the document), implied (assumed, suggested) 2. Statetory: law passed by our elected legislators (can be modified to be updated) 3. Common Law: judge made law (Stare Decisis “stand on the decision”) Precedent (something from your past that you’ve done to use to make a decision in the present) * gives us consistency and predictability * there may not be a precedent (a case of first impression. Ex: surragott mother case) * the precedent can be changed, flexability (Ex: Brown vs Board of Education – society changed) DUE PROCESS: “fairness” 1. You and I are entitled to notice of legal proceedings against us 2. Everyone is entitled to their day in court, and opportunity to tell their side of the story. 3. The defendant must have minimum contacts with the forum state before you can sue him there. FORUM STATE: The state in which you have been sued. PLANTIFF: Starts the process by filing a lawsuit DEFENDANT: allegedly has done something wrong CONNECTIONS TO THE FORUM STATE: 1. Residency – where you live with the intent to remain permenantly (domicile- where you live temporarily) 2. You own land in the forum state. 3. You are doing business in the forum state. 4. You commit a tort (civil wrong) 5. Opperating a motor vehicle in the forum state. ...
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