Employment Law Ty Hyderally
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This document summarizes an employment law presentation given to physicians. It discusses at-will employment, exceptions, employee handbooks, employment contracts, restrictive covenants for physicians, and sample documents like offer letters, employment agreements, and employee handbooks. Key points include that New Jersey and New York are at-will employment states, exceptions to at-will include discrimination, employee handbooks can create enforceable rights if they include clear language on job security, and restrictive covenants for physicians will generally be enforced if they are reasonable in terms of time, area, and effect on public interest.
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Physician Liability Protection Question 2
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Physician Liability Protection Question 3
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Physician Liability Protection Question 4
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Physician Liability Protection Question 3
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Physician Liability Protection Question 4
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This presentation will help you...
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- Understand the positions taken by Ms. McNamara in the Halifax Valuation.
- Understand the best practices in the roles we have on Fair Market Value and Commercial Reasonableness issues.
TO The Vice PresidentFROM Danielle BalsonDATE 25th July, 20.docx
TO: The Vice President
FROM: Danielle Balson
DATE: 25th July, 2017
SUBJECT: The Big Brain
Solution
General procedures or rules governing a typical arbitration proceeding
A contract encompassing an agreement for arbitration of disputes usually outlines some of the fundamental aspects relating to any possible future arbitration. The procedures and rules that would be utilized in a given arbitration are usually part of the agreement (Smit & Thacher, 2013). In case an outside or third party service would be utilized for handling arbitration, the contract may provide specifications of whether the service’s already-established procedures and rules would be utilized (Smit & Thacher, 2013). As a result of the different kinds of arbitration services, and the flexibility that is usually provided to participants to draw up their preferred rules, there is no single set of procedures and rules applicable to all arbitrations (Smit & Thacher, 2013). Nevertheless, regardless of the rules or procedures used, below are some of the fundamental issues or general procedures and rules governing a typical arbitration proceeding:
Number of arbitrators. The parties involved in an arbitration proceeding usually outline in the contract whether one, a panel comprised of three, or more arbitrators would rule or make decisions on their dispute (Smit & Thacher, 2013). As a general procedure or rule, the more significant and complicated an issue is, the higher the number of arbitrators would be involved.
The number of arbitrators to be selected. Parties can make the decision to appoint arbitrators in various ways, including through the process of elimination, selection from a list of different arbitrators or through an agreement (Smit & Thacher, 2013).
Timeliness for arbitration. Rules and procedures can establish timelines for making resolutions in a dispute, including when notices are issued, and how long the arbitration hearings last (Smit & Thacher, 2013).
Evidence. Rules and procedures of evidence can be complicated in ordinary litigation processes. They are usually more relaxed in arbitration proceedings thus allowing more evidence to be put into consideration, even though there can be inadequate time for presenting and discovering the evidence (Smit & Thacher, 2013).
Awards. Rules and procedures often dictate the form that can be presumed by an award, as well as any possible deadlines for decision-making (Smit & Thacher, 2013).
Records and confidentiality. Rules and procedures may allow parties to receive and keep records of the arbitration proceedings and to ensure such records are kept confidential.
Use of arbitration as opposed to a lawsuit in settling employment-related dispute
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This document provides an overview of medical malpractice law in the United States. It discusses key policy issues such as how the adequacy of care is evaluated through expert witnesses and screening panels, limits placed on damages awarded to plaintiffs, and statutes of limitations for bringing lawsuits. It also examines trends in malpractice claims including total dollars paid out, average payments per claim, and number of paid claims. Several newer proposals are outlined, such as patient compensation funds and aligning malpractice law with patient safety concerns.
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Tort Reform
This document discusses various approaches to tort reform that can help limit healthcare costs. It outlines how capping damages paid to plaintiffs has been found constitutional if optional withdrawal from the program or increased benefits are provided. Periodic payment plans that space out damages over time can also be constitutional. Tort reform can promote efficiency by encouraging physician retention and reducing frivolous malpractice claims through medical review panels. The document argues tort reform is overdue in Kentucky to allow the healthcare industry to serve communities more efficiently and at a higher standard.
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