Clear all

Refine your search

Jurisdiction

30 results found

Commentary
Ask Lexy

Preslmayr Attorneys at Law | Austria | 3 Feb 2021

Medical information duty: what constitutes reasonable steps to contact a patient?

The medical information duty comprises the obligation to inform a patient of possible dangers and negative consequences of a treatment or failure to have such treatment. This information duty exists not only if the patient's consent to a medical treatment is required, but also if the patient must make an informed decision to refrain from having further medical treatment. However, as......
Commentary
Ask Lexy

Dentons | Canada | 28 May 2019

Alberta Court of Appeal confirms directors are personally liable for injuries sustained at work

The Alberta Court of Appeal has revisited the question of directors' personal liability for injuries sustained in a workplace incident. The key question was whether a corporate representative was personally liable for damage resulting from their own tortious conduct while acting as a representative for the corporation. As the applicable tests for determining personal liability remain unclear,......
Commentary
Ask Lexy

Matheson | Ireland | 16 Apr 2019

Delay in professional negligence claims

The High Court recently dealt with a professional negligence claim following a retainer by a couple of a chartered engineering firm regarding the construction of their home in 2005. The defendants had brought a strike-out claim for a significant delay in the construction proceedings. On the facts of the case and owing to the fact that the defendant had been a professional person, the case was......
Commentary
Ask Lexy

Dentons | Canada | 8 Jan 2019

Apportionment of liability under workers' compensation scheme

A recent case examined the apportionment of liability for damages between multiple defendants where at least one of them is statutorily immune from liability. The court considered whether an employer can be held vicariously liable for damages caused by its employee's negligence when the injured party, the employee and the employer are subject to the Workers' Compensation Act.
Commentary
Ask Lexy

Dentons | Canada | 16 Oct 2018

Contractor imprisoned for manslaughter: a first in Quebec legal history

An excavation contractor who was found guilty of manslaughter and criminal negligence causing death has been sentenced to 18 months' imprisonment by the Court of Quebec. The sentence – which is a first in Quebec legal history – sends a clear message to employers concerning the importance of complying with their occupational health and safety obligations.
Commentary
Ask Lexy

Dentons | Canada | 11 Sep 2018

Owner of electrical contracting firm held personally liable for its C$430,000 regulatory fine

In what appears to be a novel regulatory decision, the Ontario Court of Justice recently held the owner of an electrical contracting firm personally liable for its regulatory fines after he transferred assets out of the company following a fatal incident. In a rather scathing decision, the judge held that the owner had put his own assets at risk by blurring the lines between himself and the......
Commentary
Ask Lexy

Preslmayr Attorneys at Law | Austria | 25 Apr 2018

Fat-burning injections – medical information from beauticians

A client recently sued her beautician because of an unsuccessful fat-burning injection treatment. The first-instance court granted the plaintiff two-thirds of her claim, holding that the defendant had had the same obligation as a physician to provide medical information on the risks and complications. However, as the plaintiff had been aware of the defendant's inexperience, she was......
Commentary
Ask Lexy

RPC | Hong Kong | 24 Apr 2018

Flawed claim against solicitors struck out

In defending themselves against a claim for professional negligence brought by a former client, two law firms and the individual solicitor recently successfully applied to strike out the entire claim against them, with costs awarded on a more generous ('indemnity') basis. The two related judgments are a salutary reminder of the need for a plaintiff to plead all material particulars, failing......
Commentary
Ask Lexy

Mariconda e Associati Studio Legale | Italy | 21 Feb 2018

New legislation surrounding medical malpractice

In addition to setting out the legal scope for the safety of medical treatments and patients, Law 24/2017 provides the scope for imposing an effective risk management policy on healthcare personnel and prescribes risk allocation standards in the case of damages arising from medical treatments. It also provides for situations of impunity when these events occur despite the guidelines being......
Commentary
Ask Lexy

RPC | Hong Kong | 23 Jan 2018

Scope of auditor's duty to blow the whistle

The Court of First Instance recently considered some of the legal principles surrounding the scope of an auditor's duty to detect alleged irregularities in a company's financial statements and, in appropriate circumstances, to report alleged wrongdoing to the relevant regulatory authorities. The judgment is an interesting review of some of the legal issues involved, including the......
Previous page 1 2 3