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Proving Pain And Suffering
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Book Synopsis The Great Legal Philosophers by : Clarence Morris
Download or read book The Great Legal Philosophers written by Clarence Morris and published by University of Pennsylvania Press. This book was released on 1971 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An attempt to give readers in one volume a speaking acquaintance with the great legal philosophers of the ages"--Preface
Book Synopsis Justice for the Injured Child by : Mark C Blane
Download or read book Justice for the Injured Child written by Mark C Blane and published by Lulu.com. This book was released on 2011-03 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice for the Injured Child. For more information go to http: //www.blanelaw.co
Book Synopsis David Ball on Damages 3 by : David A. Ball
Download or read book David Ball on Damages 3 written by David A. Ball and published by . This book was released on 2013-01-01 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Damages 3 provides step-by-step guidance on how to prepare opening statements; how to handle cross-examinations and defense "expert" examinations; and new, key methods that explain the relationship between liability and damages. Ball explains why jurors give, why they do not, and how to motivate them to provide a large verdict. -- from publisher.
Book Synopsis Needless Suffering by : David Nagel, MD
Download or read book Needless Suffering written by David Nagel, MD and published by University Press of New England. This book was released on 2016-07-05 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Needless Suffering offers a sociological examination of a complex medical problem: chronic pain and the inability of doctors and other health professionals to understand and manage it in their patients. People in pain, writes Dr. David Nagel, are the poor of the medical world. Like the poor, they are stigmatized and left at the mercy of powerful social actors who tend to work in their own self-interest, frequently at the expense of those they propose to serve. This leaves those who suffer with little control over their own destinies and creates a dysfunctional status quo that harms instead of helps. Drawing on his own experience witnessing his mother's chronic pain and numerous clinical stories from over thirty years' expertise as a pain management specialist, Nagel looks first at patients, their families, and their doctors (usually not trained in pain management), and then broadens his canvas to elaborate a pain power structure that includes the entire healthcare community, insurers, lawyers, government regulators, employers, politicians, law enforcement agencies, and painkilling drugs. Concluding with concrete reforms to create more effective and compassionate pain care, this book is designed for pain patients and their families, healthcare providers, legislators and other public policymakers, judges, personal injury and other attorneys, insurers, government regulators, law enforcement personnel, and health care businesspeople.
Download or read book Hurts So Good written by Leigh Cowart and published by PublicAffairs. This book was released on 2021-09-14 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: An exploration of why people all over the world love to engage in pain on purpose--from dominatrices, religious ascetics, and ultramarathoners to ballerinas, icy ocean bathers, and sideshow performers Masochism is sexy, human, reviled, worshipped, and can be delightfully bizarre. Deliberate and consensual pain has been with us for millennia, encompassing everyone from Black Plague flagellants to ballerinas dancing on broken bones to competitive eaters choking down hot peppers while they cry. Masochism is a part of us. It lives inside workaholics, tattoo enthusiasts, and all manner of garden variety pain-seekers. At its core, masochism is about feeling bad, then better—a phenomenon that is long overdue for a heartfelt and hilarious investigation. And Leigh Cowart would know: they are not just a researcher and science writer—they’re an inveterate, high-sensation seeking masochist. And they have a few questions: Why do people engage in masochism? What are the benefits and the costs? And what does masochism have to say about the human experience? By participating in many of these activities themselves, and through conversations with psychologists, fellow scientists, and people who seek pain for pleasure, Cowart unveils how our minds and bodies find meaning and relief in pain—a quirk in our programming that drives discipline and innovation even as it threatens to swallow us whole.
Book Synopsis Guidelines for the Assessment of General Damages in Personal Injury Cases by : Judicial College
Download or read book Guidelines for the Assessment of General Damages in Personal Injury Cases written by Judicial College and published by OUP Oxford. This book was released on 2012-09-20 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the standard reference work for general damages in personal injury claims, and essential reading for all those involved in the area of personal injury. The Guidelines are designed to provide a clear and logical framework for the assessment of general damages while leaving the discretion of the assessor unfettered, since every case must depend to a degree on its own facts. They provide an invaluable guide to all those involved in personal injury litigation. As with previous editions, all judges involved in hearing personal injury cases will automatically receive a copy of the book. This eleventh edition has been fully updated to take account of inflation and decisions made in the two years since the previous edition and includes a foreword written by The Right Honourable Dame Janet Smith DBE.
Book Synopsis Pain and Disability by : Institute of Medicine
Download or read book Pain and Disability written by Institute of Medicine and published by National Academies Press. This book was released on 1987-01-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Painâ€"it is the most common complaint presented to physicians. Yet pain is subjectiveâ€"it cannot be measured directly and is difficult to validate. Evaluating claims based on pain poses major problems for the Social Security Administration (SSA) and other disability insurers. This volume covers the epidemiology and physiology of pain; psychosocial contributions to pain and illness behavior; promising ways of assessing and measuring chronic pain and dysfunction; clinical aspects of prevention, diagnosis, treatment, and rehabilitation; and how the SSA's benefit structure and administrative procedures may affect pain complaints.
Book Synopsis Measurement of Subjective Responses by : Henry Knowles Beecher
Download or read book Measurement of Subjective Responses written by Henry Knowles Beecher and published by . This book was released on 1959 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309459575 Total Pages :483 pages Book Rating :4.3/5 (94 download)
Book Synopsis Pain Management and the Opioid Epidemic by : National Academies of Sciences, Engineering, and Medicine
Download or read book Pain Management and the Opioid Epidemic written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-09-28 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drug overdose, driven largely by overdose related to the use of opioids, is now the leading cause of unintentional injury death in the United States. The ongoing opioid crisis lies at the intersection of two public health challenges: reducing the burden of suffering from pain and containing the rising toll of the harms that can arise from the use of opioid medications. Chronic pain and opioid use disorder both represent complex human conditions affecting millions of Americans and causing untold disability and loss of function. In the context of the growing opioid problem, the U.S. Food and Drug Administration (FDA) launched an Opioids Action Plan in early 2016. As part of this plan, the FDA asked the National Academies of Sciences, Engineering, and Medicine to convene a committee to update the state of the science on pain research, care, and education and to identify actions the FDA and others can take to respond to the opioid epidemic, with a particular focus on informing FDA's development of a formal method for incorporating individual and societal considerations into its risk-benefit framework for opioid approval and monitoring.
Download or read book The Bar Register written by and published by . This book was released on 1920 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Workers' Compensation Subrogation In All 50 States - Fifth Edition by : Gary L. Wickert
Download or read book Workers' Compensation Subrogation In All 50 States - Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Book Synopsis Marijuana As Medicine? by : Institute of Medicine
Download or read book Marijuana As Medicine? written by Institute of Medicine and published by National Academies Press. This book was released on 2000-12-30 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some people suffer from chronic, debilitating disorders for which no conventional treatment brings relief. Can marijuana ease their symptoms? Would it be breaking the law to turn to marijuana as a medication? There are few sources of objective, scientifically sound advice for people in this situation. Most books about marijuana and medicine attempt to promote the views of advocates or opponents. To fill the gap between these extremes, authors Alison Mack and Janet Joy have extracted critical findings from a recent Institute of Medicine study on this important issue, interpreting them for a general audience. Marijuana As Medicine? provides patientsâ€"as well as the people who care for themâ€"with a foundation for making decisions about their own health care. This empowering volume examines several key points, including: Whether marijuana can relieve a variety of symptoms, including pain, muscle spasticity, nausea, and appetite loss. The dangers of smoking marijuana, as well as the effects of its active chemical components on the immune system and on psychological health. The potential use of marijuana-based medications on symptoms of AIDS, cancer, multiple sclerosis, and several other specific disorders, in comparison with existing treatments. Marijuana As Medicine? introduces readers to the active compounds in marijuana. These include the principal ingredient in Marinol, a legal medication. The authors also discuss the prospects for developing other drugs derived from marijuana's active ingredients. In addition to providing an up-to-date review of the science behind the medical marijuana debate, Mack and Joy also answer common questions about the legal status of marijuana, explaining the conflict between state and federal law regarding its medical use. Intended primarily as an aid to patients and caregivers, this book objectively presents critical information so that it can be used to make responsible health care decisions. Marijuana As Medicine? will also be a valuable resource for policymakers, health care providers, patient counselors, medical faculty and studentsâ€"in short, anyone who wants to learn more about this important issue.
Book Synopsis Atiyah's Accidents, Compensation and the Law by : Peter Cane
Download or read book Atiyah's Accidents, Compensation and the Law written by Peter Cane and published by . This book was released on 2006 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: A classic treatment of the law relating to compensation for personal injuries, this edition discusses the relevant legal rules as well as the social, political and economic issues underlying the law.
Book Synopsis Personal Injury Compensation by : Werner Pfennigstorf
Download or read book Personal Injury Compensation written by Werner Pfennigstorf and published by . This book was released on 1993 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Personal Injury Compensation demonstrates how the liability and compensation systems of six European countries work in practice. It shows the extent to which victims of a number of different accident and injury situations are actually compensated from various sources, how the different compensation regimes are co-ordinated, and how the costs of compensation are eventually allocated. It is a detailed exploration of the interaction between the various sources of compensation.
Book Synopsis Stein on Personal Injury Damages by : Jacob A. Stein
Download or read book Stein on Personal Injury Damages written by Jacob A. Stein and published by . This book was released on 2007 with total page 1648 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Modern Trials written by Melvin M. Belli and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis On the Christian Meaning of Human Suffering by : Pope John Paul II
Download or read book On the Christian Meaning of Human Suffering written by Pope John Paul II and published by . This book was released on 2014-01-01 with total page 107 pages. Available in PDF, EPUB and Kindle. Book excerpt: Published on February 11, 1984, Salvifici Doloris addresses the question of why God allows suffering. This 30th anniversary edition includes the complete text of the letter plus commentary by Myles N. Sheehan, SJ, MD, a priest and physician trained in geriatrics with an expertise in palliative care. Acknowledgments of recent episodes of violence bring the papal document into a modern context. Insightful questions suited for individual or group use, applicable prayers, and ideas for meaningful action invite readers to personally respond to the mystery of suffering.