The Collateral Source Rule and Contract Damages

Fleming, John G.

doi:10.2307/3480140

Cited by 5 publications

(1 citation statement)

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“…Eliminating the collateral source payment rule is yet another means. This rule prohibits the admission of evidence that the plaintiff or victim has received compensation from some source other than the damages sought against the defendant 13,14. Select states that have all but abrogated the collateral source rule include Alaska, California, Connecticut, Florida, Illinois, Michigan, Minnesota, Montana, and New Jersey.…”

Section: Reformsmentioning

confidence: 99%

Reforms, Errors, and Dermatopathology Malpractice: Then and Now: A Comprehensive Retrospective

Mahalingam

2021

Advances in Anatomic Pathology

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Medical malpractice occurs when a hospital, doctor, or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare, or health management. To be considered medical malpractice under the law, the claim must violate the standard of care, the injury must be caused by the negligence and, last but most certainly not least, the injury must result in significant damages. This review is an overview of medicolegal issues specific to the practice of Dermatopathology with the caveat that most are likely pertinent to other specialties of pathology as well. The safety of patients remains the priority in pathology as it does in any medical undertaking, and this is no different in the practice of Dermatopathology. The review is broadly divided in 2 parts-we begin with an overview of tort reforms, advocated by physicians to reduce costs associated with malpractice defense. In the second part we address practical issues specific to the practice of pathology and dermatopathology. These include among others, errors-related to the biopsy type, inadequacy of clinical information regarding the lesion that is biopsied, role of interstate dermatopathology as well as examples of select entities commonly misdiagnosed in dermatopathology. In the last decade, artificial intelligence (AI) has moved to the forefront of technology. While research into the uses of AI in pathology is promising, the use of AI in diagnostic practice is still somewhat uncommon. Given that AI is not fully integrated routinely as a diagnostic adjunct, its' impact on pathology-specific medicolegal issues cannot, as yet at least, be defined. Restriction of medical malpractice is of particular relevance in the COVID-19 era, a period that is anything but normal. The response of states with specific pandemic-related guidelines is addressed with the caveat that this particular issue is only covered in select states. Furthermore, given that the COVID pandemic is only a year old, while it does not appear to have had an immediate impact on pathology-specific medicolegal matters, it is possible that the role of COVID on this issue, if any at all, will and can only be fully defined a few years down the line.

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Section: Reformsmentioning

confidence: 99%

Reforms, Errors, and Dermatopathology Malpractice: Then and Now: A Comprehensive Retrospective

Mahalingam

2021

Advances in Anatomic Pathology

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Issues in Employment Litigation Analysis

Roney¹,

Lanning

2016

Forensic Economics

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Recent Research on the Parable of the Wicked Tenants: An Assessment

Snodgrass¹

1998

Bulletin for Biblical Research

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The Parable of the Wicked Tenants (Mark 12:1–12) remains in the spotlight as one of the most debated—and misunderstood—parables of Jesus. Three factors lead to failure in understanding this parable: (1) ignoring its OT and Jewish context; (2) the desire on the part of interpreters to avoid any thought of judgment; and (3) the desire to avoid any correlation with Jesus. It is concluded that this parable is a juridical parable, modeled after Isaiah's juridical parable, or song, of the vineyard (Isa 5:1–7), which passes judgment against the ruling priests of Jerusalem.

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The Collateral Source Rule and Contract Damages

Cited by 5 publications

References 0 publications

Reforms, Errors, and Dermatopathology Malpractice: Then and Now: A Comprehensive Retrospective

Reforms, Errors, and Dermatopathology Malpractice: Then and Now: A Comprehensive Retrospective

Issues in Employment Litigation Analysis

Recent Research on the Parable of the Wicked Tenants: An Assessment

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