Defense Counsel Journal articles from July 1997

Defense Counsel Journal archives from July 1997

Emerging physician and organization liabilities under managed health care.(The New Perils of Health Care Law)
July 1, 1997... THE managed care model for health care creates new potential liabilities for both physicians and the managed care organizations. Without some alleged error in the diagnostic or treatment decisions made by the front-line practitioner, theories...

New deep pocket: managed care entity liability for alleged improper denial of access.(The New Perils of Health Care Law)
July 1, 1997... Managed health care has grown exponentially in recent years. The for-profit tempo of changes in the managed care field and the inter-relationship of organizations and professionals providing medical care services in and through organizations...

A potent weapon: federal peer review immunity under HCQIA. (Health Care Quality Improvement Act of 1986)(The New Perils of Health Care Law)
July 1, 1997... THE proliferation of managed care has compelled all health care providers to participate. Physicians who are not part of a practice group with managed care contracts or who aren't preferred providers with multiple managed care organizations...

Discoverability of document management systems: pitfalls and how to avoid them.
July 1, 1997... Advance planning and careful monitoring of the creation and use of systems are necessary to preserve work product privilege Hundreds of thousands of documents comprising millions of pages of text and other information are involved in...

Unlimited liability: the new ball game in international transportation by air.
July 1, 1997... The Warsaw Convention, whose formal title is a tongue twister, Convention for the Unification of Certain Rules Relating to International Transportation by Air,(1) is a treaty that governs air carriers' legal liability in international air...

Defending design professionals: is contract language an adequate shield?
July 1, 1997... IN LIABILITY cases against design professionals, one strategy repeatedly used by claimants to achieve a recovery is to avoid, ignore, reinterpret or otherwise attempt to negate contract defenses. While the duties of the design professional...

Dealing with accountants and auditors: avoiding sanctions in complex cases.
July 1, 1997... THE best way to avoid court sanctions when dealing with discovery issues relating to accountants and auditors, when they are not parties themselves, is to understand thoroughly the scope of information subject to being discovered, to make...

A new way to go: arbitration of legal malpractice claims.
July 1, 1997... Arbitration has become an accepted method of resolving disputes between many types of professionals and their clients. Physicians, real estate brokers, and other professionals frequently require arbitration agreements or include clauses...

What's happening in.... (developments in law, surveyed by International Ass'n of Defense Counsel law committees)
July 1, 1997... WHAT conduct by public school teachers "shocks the conscience" so as to rise to the level of a constitutional violation? Under substantive due process, ordinary torts committed by state actors do not rise to the level of constitutional...

Annual survey of fidelity and surety law, 1996. (part 2)
July 1, 1997... I. PUBLIC CONSTRUCTION BONDS A. Bonds Under Federal Law 1. Jurisdictional Housing project financed by HUD not public building or work under Miller Act. The project in this case was an apartment building complex for...

Client perjury: should a lawyer defend the system or the client?
July 1, 1997... It is a beautiful afternoon and for once you have the best of your long-time opponent, Billy Bob. Both the facts and law are on your side, the documents are clear and unambiguous, and even your client makes a better appearance. After rather...

Tangible Evidence: How to Use Exhibits at Deposition and Trial, 3d ed.
July 1, 1997... This book, part of NITA's new "NITA Practical Guide Series," is a comprehensive volume that covers evidentiary and practical issues relating to all sorts of physical courtroom evidence. It provides examples of foundations for each type of...