ISMS legislation attacks professional liability problem.
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The purpose of the claims monitoring program of the Council on Insurance is to determine whether preventive measures can be implemented by dentists to eliminate, reduce, or better defend professional liability claims. This article outlined some of the findings and recommendations of the Council in the areas of informed consent and assisting in the defense of a professional liability claim. The remainder of the Council's findings and recommendations will be presented in the second part of the article. The Council believes that if its recommendations are followed dentists can improve the loss statistics for dental professional liability significantly.
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This article discusses the legal responsibilities that information intermediaries have towards the users of their services. The areas of law that affect legal liability are contract law, tort and strict liability. The likelihood of health-care librarians being held liable for the service they provide is assessed, and methods of reducing this risk are discussed. The key issues are: whether the recipient is relying on the information you provide and whether this reliance is reasonable; whether money changed hands; and whether the institution is under a statutory obligation to provide the information. All-embracing exclusion clauses are often used as an attempt to exclude liability, but their validity in law is doubtful, and they should be replaced by more reasonable ones. Adhering to good professional practice, and avoiding interpreting information for laymen are ways of minimizing liability. If court proceedings do take place, professional indemnity insurance can reduce financial loss.