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The peer review process is indispensable to promotion of quality in medical facilities. A major component of the process is honesty; without open investigation and discussion of adverse events and their causes, meaningful reforms for avoiding the same occurrences again are less likely to be made. To ensure open discourse, nearly every state has enacted laws protecting the confidentiality of peer review proceedings. However, federal law may not always be so deferent to the privacy concerns of the peer review committee. In certain circumstances, what most participants thought would be a closed record under state law might be opened by competing federal law enacted to protect the disabled.
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It is now common knowledge that the Centers for Disease Control and the American Medical Association consider obesity to be a high-priority medical problem. To combat the growing epidemic, bariatric surgery, which is indicated for 'severely' or 'morbidly' obese patients ' generally defined as a body mass index (BMI) over 40 (a 'normal' BMI is 19-25) ' has become increasingly popular. Surgery may also be indicated for patients with a BMI between 35 and 40, if there are significant co-morbid conditions.
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Modern understanding of medical malpractice is based upon the presence of a physician-patient relationship. This specific relationship gives rise to a special duty on the part of the physician, the breach of which is one of the requirements for finding professional negligence. Although this consensual relationship is often discussed and thought of in terms of an express contract ' that the relationship is created when professional medical services are 'offered' voluntarily and those services are 'accepted' voluntarily by another ' most courts have held that the creation of the relationship need not satisfy the formalities of a contract.
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Highlights of the latest commercial leasing cases from around the country.
Features
Today, most large tenants and many small tenants require that their core business be protected in a power or community shopping center by obtaining an agreement from the landlord that grants the tenant the exclusive right to sell the items considered by that tenant to be its core business. This 'exclusive' is considered sacrosanct by most retailers and, in most circumstances, will need to be agreed to by a landlord in order to consummate a lease with that tenant.
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Several issues or potential issues arise when addressing the presence of vertical and horizontal transportation within the common areas of an enclosed regional shopping center. The first part of this article discussed accessibility and visibility. The conclusion addresses relocation or closure of the transportation, and changing the means of transportation. Sample provisions are provided.
Let's be honest. How many of us really read the insurance section of a lease? Now let's be really, really honest: Who understands what that section means?
When landlords and tenants are engaged in the negotiation and drafting of a lease, all too often, their attention is focused on those matters that are the first to occur. As a result, too little attention is paid to the issues surrounding the return of the premises when the lease term expires. Obviously, the business terms of the transaction such as rent, operating costs, and construction allowances all must be identified before a deal can be reached. Furthermore, those matters that have a direct impact on the tenant's occupancy and use of the premises are of clear importance to the parties from an operational standpoint. However, when the landlord and tenant fail to give the same level of consideration to the expiration of the lease term that is given to the commencement of the term, problems can arise.
Recent cases in e-commerce law and in the e-commerce industry.
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Generally, a joint return must be signed by both spouses to be considered as such. Since there may be substantial savings by filing a joint return over filing under the married, separate rates, if one spouse refuses to sign a joint return, can or should the divorce court require the recalcitrant spouse to do so? Many trial judges require the spouse to sign the return, or at least threaten to, but is it proper?
