| NURSING HOME ABUSE AND NEGLECT |
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| With the increased number of elderly people in our population and the increased number of elderly people who reside in nursing homes, there has been an increase in the number of tort actions involving nursing home abuse and nursing home neglect. Although both federal and state agencies are responsible for inspecting and regulating nursing homes, many nursing home residents are being subjected to situations that may constitute abuse or neglect.More... |
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| Attorney Malpractice Liability to Non-Client |
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| In the course of an attorney's representation of a client, he may commit legal malpractice with respect to his prosecution, defense, or appeal of the client's action or his preparation of transactional documents for the client. The attorney's actions may constitute legal malpractice if he fails to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. In addition to being liable to the client, the attorney may also be liable to a non-client in certain circumstances.More... |
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| ALIENATION OF A SPOUSE'S AFFECTIONS |
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| Under the common law, there existed a tort for the alienation of a spouse's affections. Although most states have enacted statutes that have abolished the tort, there are approximately nine states that permit such a tort action to be brought against a third party.
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| Attorney Malpractice Liability to Client |
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| A client may hire an attorney to prosecute an action against another party, defend an action against the client, appeal an action involving the client, or prepare transactional documents for the client. In each of these tasks, the attorney may not perform as he is required. In such a case, the client who suffers damages may bring a legal malpractice action against the attorney. An attorney commits legal malpractice by failing to use the skill, prudence, and diligence that attorneys of ordinary skill and capacity would use in performing their legal tasks. The client's action may be based on breach of contract, breach of fiduciary duty, or negligence.More... |
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| Tort Law Versus Criminal Law |
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| Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses some of the distinctions between tort law and criminal law.More... |
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