Parks named president-elect of the NBA The National Bar Association, the nation’s oldest and largest association of African American lawyers and judges, has elected Daryl Parks as its president-elect. Parks, who currently serves as managing partner of Parks and Crump in Tallahassee, was elected in August during the NBA’s Annual Convention and Exhibits in New Orleans. The convention commemorated the 85th anniversary of the organization, which has thrived as the leading voice for African American lawyers and. . . ...

He wrote the law he uses to prosecute domestic batterersBy Jan PudlowSenior Editor Attempted strangling, even when the victim blacks out, was no different than a poke in the chest. That flaw in the law bothered Stacy Sharp when he was a deputy for eight years with the Hernando County Sheriff’s Office, where he authored the agency’s domestic violence policy and field training program. So in 2004 he asked his boss, Sheriff Richard Nugent, if he could work on legislation to fix the statute and help write prop. . . ...

Downs Steps Up

So a lawyer walks into a restaurant ... It sounds like the beginning of a lawyer joke and it could be; but this time, is the joke on the restaurant owners? Lawyers in Manhattan, one of the centers of the...

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Recently, producer and actor Michael Douglas announced he has stage IV throat cancer and is currently undergoing radiation and chemotherapy. According to interviews, Douglas said he sought treatment for a very sore throat earlier in the summer. He saw many...

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Recently, producer and actor Michael Douglas announced he has stage IV throat cancer and is currently undergoing radiation and chemotherapy. According to interviews, Douglas said he sought treatment for a very sore throat earlier in the summer. He saw many doctors who could not find the cause of the problem until very recently.

According to the London Telegraph, it was not until a biopsy in early August that the cancer was revealed. A walnut-sized tumor was discovered at the base of Douglas's tongue. Reportedly, symptoms of a dry and sore throat, ear pain and vocal problems did not point the way to the true problem until months after Douglas first sought help.

CBS News reports actress Catherine Zeta-Jones, wife of Michael Douglas, is angry at the failure to diagnose. "It makes me furious they didn't detect it earlier," she People magazine in an interview. "He sought every option and nothing was found."

Other than getting angry, what can you do if a doctor fails to diagnose an illness? One option is to seek some compensation or relief from the law. Often, a delay or failure to diagnose a disease is actionable if it has resulted in injury or disease progression beyond any that would have resulted from a timely diagnosis. However, in some cases, it can be difficult to prove a patient has suffered a worse prognosis because of the failure or delay in diagnosis.

The key question in determining a possible case of failure to diagnosis and malpractice is to ask what diagnoses a "reasonably prudent doctor," under similar circumstances would have considered as potential causes of a patient's symptoms. In the case of Michael Douglas, not discovering a cancer until stage IV, with a "walnut sized" tumor and months of symptoms, may make it easier to prove that precious time was lost by a late or a failure to diagnose.

Fortunately for Douglas, the stage IV throat cancer is still confined above his neck, giving him an optimistic prognosis. Douglas has been given an 80 percent chance of recovery.

Related Resources:

• Michael Douglas: Radiation, Chemo 'Really Knocks You Out' (People.com)
• Proving Fault in Medical Malpractice Cases (FindLaw)
• Massachusetts' Supreme Judicial Court Embraces the "Loss of a Chance" Doctrine (FindLaw's Writ)
• Failure to Diagnose Cancer: Consequences and Culpability (FindLaw's KnowlegeBase)
• Medical Malpractice / Failure to Diagnose (provided by Michael C. George, Esq.)
• Medical Malpractice FAQs (provided by Knapp & Roberts)

A Domino's Pizza delivery man was stabbed and killed in Boston after an apparent robbery setup. Mariee Clena-Tunis, who lives next door to an abandoned house at 742 Hyde Park Avenue, was approached by a heavy-set woman at her home...

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You transport the bubonic plague one time and suddenly police get all suspicious. A 70 year-old scientist detained at Miami International Airport for a suspicious item in his suitcase that looked like a bomb had been arrested before. In 2003,...

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Judicial Races Were Broward's Bright Spot In An Otherwise Ugly Primary

Labor Day is upon us, and in addition to making extended weekend plans and enjoying a day off work, the national holiday is also a time to celebrate the contributions workers have made to building the United States. The holiday,...

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The Department of Justice might say that Sheriff Joe Arpaio is about as easy to negotiate as an Arizona cactus. Discussions over evidence in an on-going civil rights probe of the sheriff's office have been prickly in the past, but...

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What happens when a plane overshoots a runway, causing a passenger on board severe mental and emotions problems? According to Jewel Thomas, you should get compensation. Thomas is suing American Airlines over an incident in Chicago where an American Airlines plane... Jason Beahm FindLaw.com http://www.findlaw.com

What happens when a plane overshoots a runway, causing a passenger on board severe mental and emotions problems? According to Jewel Thomas, you should get compensation. Thomas is suing American Airlines over an incident in Chicago where an American Airlines plane...

Continue reading this article, and get more legal news and information, at FindLaw.com.

What happens when a plane overshoots a runway, causing a passenger on board severe mental and emotions problems? According to Jewel Thomas, you should get compensation.

Thomas is suing American Airlines over an incident in Chicago where an American Airlines plane ran off the runway at O'Hare International Airport. The Boeing 757 was flying cross-country from Seattle to New York and made an emergency landing at O'Hare. She says that she is so traumatized that, despite previously being a frequently flier, she is now afraid to travel by airplane. Thomas argues that American Airlines was negligent in the incident. According to Thomas, the plane had electrical problems and was on a backup battery. Therefore, she alleges that the crew was negligent not to divert the flight sooner before the battery ran out. It does not seem that American Airlines completely disagrees with Thomas.

Vickie Norton, a captain with United Airlines, said that the American Airlines pilot's decision to continue the flight was incorrect. "There was a primary lack of systems knowledge," she said and added that the pilot should have made the emergency landing sooner, The Seattle Times reports.

Negligence requires a duty, a breach of the duty, causation (factual and proximate) and damages. In this case, the duty of the airlines to protect the safety is not in dispute, but American Airlines is certain to challenge the negligence allegation based on the breach and causation. Depending upon Jewel Thomas' medical records, they could conceivably challenge her damages as well.

In the end, while many say that Thomas should simply be thankful that she is alive, she is entitled to her day in court. Despite the frequent chatter about "frivolous lawsuits," the United States is fortunate to have a system that lets a person who has gone through a troubling ordeal have their day in court.

Related Resources:

• Twilight Star Taylor Lautner Sues Over Trailer 'Emotional Distress' (FindLaw)
• Emotional Distress (FindLaw)
• Aviation Accidents - Overview (FindLaw)
• Personal Injury Legal Glossary (provided by Miller Law, Inc.)
• Sample Personal Injury Verdicts and Settlements (provided by Law Offices of Wesley Malowitz)

"If your lifeguard duties were as good as your singing, a lot of people would be drowning." "I met someone the other night who's 28 years old, and he hasn't worked a day since he left college because he's pursuing... Jason Beahm FindLaw.com http://www.findlaw.com

"If your lifeguard duties were as good as your singing, a lot of people would be drowning." "I met someone the other night who's 28 years old, and he hasn't worked a day since he left college because he's pursuing...

Continue reading this article, and get more legal news and information, at FindLaw.com.

"If your lifeguard duties were as good as your singing, a lot of people would be drowning."

"I met someone the other night who's 28 years old, and he hasn't worked a day since he left college because he's pursuing a dream he'll never, ever realize: He thinks he's a great singer. Actually, he's crap." -Simon Cowell

The hosts of American Idol have been known for this kind of tough criticism. Cowell was, of course, famous for his occasional critical rants. Eventually the ill will was likely to turn back at him and now American Idol is facing a $100 million lawsuit. Ian Berardo, a former Americal Idol reject, originally sued for $300 million but withdrew that lawsuit.

The lawsuit alleges federal violations of workplace discrimination law as well as sexual harassment. Ian Berardo, who came on stage and stole the microphone from Dane Cook during the live Idol finale and caused controversy, claims the show told him to "gay it up." Benardo filed the withdrawn suit with the NY State Equal Employment Opportunity Commission. Benardo, American Idol reject, also claims Dane Cook personally threatened him when the show was over and that a producer told Benardo that Dane wanted to "shove this mic up your ass but you would like it," TMZ reports.

Workplace discrimination and sexual harassment claims are common causes of action filed against businesses, both large and small. Businesses, including law firms are wise to have a clear workplace policy in effect that forbids any harassment. Routine reminders and training programs are another tool available to help prevent discrimination and harassment lawsuits.

Related Resources:

• Workplace Discrimination (FindLaw)
• Job Discrimination Claims On The Rise (FindLaw)
• Sexual Harassment: What is it? (FindLaw)

Walking down the drink aisle of the supermarket can be a daunting experience as the number of options seem to increase every day. One drink you won't see on the shelf .... Purple Drank (no, that is not a typo)... Laura Strachan

With fall quickly approaching, taking a leisurely stroll to watch the changing colors and enjoy the weather is something many city dwellers look forward to. If you live in Detroit, Atlanta, or Los Angeles, you may want to re-think walking... Laura Strachan FindLaw.com http://www.findlaw.com

With fall quickly approaching, taking a leisurely stroll to watch the changing colors and enjoy the weather is something many city dwellers look forward to. If you live in Detroit, Atlanta, or Los Angeles, you may want to re-think walking... Laura Strachan