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•  Notable Attorneys - Legal News
What is Dental Malpractice?

•  Notable Attorneys     updated  2021/07/21 10:51


Dental malpractice occurs when the treatment provided by dental health care professionals falls below the acceptable standard of care causing serious personal injuries. Like other areas of professional malpractice, dental malpractice is a form of negligence. Dentists are usually working hard to make sure that their patients are well cared for, but there are far too many mistakes which could have been prevented. In fact, it has been estimated that 1 out of every 7 medical malpractice cases directly involves a dental malpractice issue.

A dental healthcare provider is not negligent simply because the intended result was not achieved or because the procedure resulted in an injury. It needs to be shown that the provider actually acted negligently under the circumstances. In a dental malpractice claim, it must be shown that the dental provider fell below what is called “the standard of care.” That is to say, the dental provider failed to act as a reasonable and prudent dental healthcare provider would under the circumstances. In court, this can only be proven through the testimony of dental or medical experts – other providers who do the same or similar procedures.

New York Dental Malpractice Attorney, Jordan R. Pine

Do you suspect that a dentist caused you or a loved one injury that could have been prevented or never should have happened? Wondering if it may have been a case of dental malpractice? Before determining whether your dental malpractice claim is valid, if you live anywhere in the State of New York, you should consult with my firm. As both a dental malpractice lawyer and a licensed dentist, using my unique combinations of backgrounds, I can help determine if your injuries were caused by dental malpractice and if your damages warrant the filing of a dental malpractice suit. You have the right to seek fair and full compensation for your present and future dental/medical expenses, diminished quality of life, lost wages, pain and suffering, and more.



Civil liberties groups are asking the Supreme Court to give the public access to opinions of the secretive court that reviews bulk email collection, warrantless internet searches and other government surveillance programs.

The groups say in an appeal filed with the high court Monday that the public has a constitutional right to see significant opinions of the Foreign Intelligence Surveillance Court. They also argue that federal courts, not the executive branch, should decide when opinions that potentially affect the privacy of millions of Americans should be made public.

The appeal was filed by Theodore Olson on behalf of the American Civil Liberties Union and the Knight First Amendment Institute at Columbia University. Olson is on the Knight institute’s board and was the Bush administration’s top Supreme Court lawyer as the FISA court’s role was expanded after the Sept. 11 attacks.

“You’re talking about judicial decisions here that may affect millions of people. The public needs to know the outlines of what those decisions are and how far they go,” Olson said in an interview with The Associated Press. “Because of my experience with it, I know that government, with the best of intentions, will tend to err on the side of keeping everything secret.”

The Foreign Intelligence Surveillance Court was established in 1978 to receive applications from the FBI to eavesdrop on people it suspects of being agents of a foreign power, such as potential spies or terrorists. After Sept. 11, Congress expanded the court’s role to consider broad surveillance programs.

In recent decisions, judges ruled that opinions sought by the groups couldn’t be made public, even in censored form, and that they didn’t even have the authority to consider releasing the opinions.

Legislation adopted in 2015 includes a provision that requires the government to consider releasing significant FISA court opinions. But the law doesn’t apply to opinions written before it was enacted and leaves the review process entirely to the executive branch.

The ACLU and Knight institute say the First Amendment’s guarantee of freedom of the press demands greater access.



A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case.

Curtis Flowers was released from prison in December 2019, months after the U.S. Supreme Court ruled that a district attorney had excluded Black jurors from his trials. Flowers had spent years on death row.

Mississippi Attorney General Lynn Fitch said in September that she would not try Flowers a seventh time in the 1996 slayings and a robbery that took place at a furniture store in Winona. He had been in custody since 1997.

In November, Flowers sued the state seeking compensation for wrongful imprisonment. Court papers show the attorney general’s office agreed to his request.

Montgomery County Circuit Judge George Mitchell on Tuesday ordered the state to pay Flowers $500,000. That is the maximum allowed under a 2009 state law, which says the state can pay $50,000 for each year of wrongful imprisonment, for a up to 10 years.

Mitchell also ordered the state to make a separate payment of $50,000 to Flowers’s attorneys.

Flowers was convicted four times: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of Flowers’s convictions was overturned.

In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers’s sixth trial, which took place in 2010. Justices said prosecutors’ pattern of excluding Black jurors from his trials was unconstitutional.

The Supreme Court ruling came after American Public Media’s “In the Dark” investigated the case. The podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him.

The first six trials were prosecuted by the local district attorney. Flowers was still facing the 1997 indictments in December 2019 when a judge agreed to release him on bond. The district attorney handed the case to the attorney general, and her staff spent months reviewing it before deciding not to go forward because of a lack of credible witnesses.




Supreme Court  nominee Amy Coney Barrett vows to be a justice “fearless of criticism” as the split Senate charges ahead with confirmation hearings on President Donald Trump’s pick to cement a conservative court majority before Election Day.

Barrett, a federal appeals court judge, draws on faith and family in her prepared opening remarks for the hearings, which begin Monday as the country is in the grips of the coronavirus  pandemic. She says courts “should not try” to make policy, but leave those decisions to the government’s political branches. She believes she would bring “a few new perspectives” as the first mother of school-age children on the nine-member court.

Trump chose the 48-year-old judge after the death of Justice Ruth Bader Ginsburg, a liberal icon. “I have been nominated to fill Justice Ginsburg’s seat, but no one will ever take her place,” Barrett says in her remarks to the Senate Judiciary Committee. The Associated Press obtained a copy of her statement on Sunday.

Barrett says she has resolved to maintain the same perspective as her mentor, the late Justice Antonin Scalia, who was “devoted to his family, resolute in his beliefs, and fearless of criticism.” Republicans who control the Senate are moving at a breakneck pace to seat Barrett before the Nov. 3 election, in time to hear a high-profile challenge to the Affordable Care Act and any election-related challenges that may follow the voting.

Another reason for moving quickly: It’s unclear whether the election results would make it harder to confirm Barrett before the end of the year if Democrat Joe Biden were to win the White House and Democrats were to gain seats in the Senate. The hearings are taking place less than a month after the death of Ginsburg gave Trump the chance to entrench a conservative majority on the court with his third justice.

Democrats have pressed in vain to delay the hearings, first because of the proximity to the election and now the virus threat. No Supreme Court has ever been confirmed so close to a presidential election. The country will get an extended look at Barrett over three days, beginning with her opening statement late Monday and hours of questioning Tuesday and Wednesday.




Supreme Court nominee Amy Coney Barrett served as a “handmaid,” the term then used for high-ranking female leaders in the People of Praise religious community, an old directory for the group’s members shows.

Barrett has thus far refused to discuss her membership in the Christian organization, which opposes abortion and, according to former members, holds that men are divinely ordained as the “head” of both the family and faith, while it is the duty of wives to submit to them.

Portions of two People of Praise directory pages for the South Bend, Indiana, branch were shared with The Associated Press by a former member of the community on condition of anonymity because of the sensitivity of the issue and because this person still has family members in People of Praise. A second former member, Gene Stowe, who left the South Bend branch on good terms several years ago, confirmed the authenticity of the directory pages. He said he could not say precisely what year the directory was from, but that it had to be 2013 or earlier because one of the people listed had by then moved to another state.

All the top leaders within People of Praise are male, but in each of the group’s 22 regional branches a select group of women is entrusted with mentoring and offering spiritual guidance to other female members. Until recently, these female leaders were called “handmaids,” a reference to Jesus’ mother Mary, who according to the Bible called herself “the handmaid of the Lord.” The organization recently changed the terminology to “woman leader” because it had newly negative connotations after Margaret Atwood’s dystopian novel “The Handmaid’s Tale” was turned into a popular television show.

The leaders run weekly men’s or women’s groups of about half a dozen people where they pray and talk together, and where the leaders offer advice and guidance. They will also organize to help others in the community, such as providing meals when someone gets sick. Under the organization’s rules, no female leader can provide pastoral supervision to a man, former members said.

The White House on Wednesday defended Barrett. “These allegations are offensive and driven by anti-religious bigotry. Judge Barrett is an independent jurist with an exceptional record,” spokesman Judd Deere said. People of Praise’s belief system is rooted in the Catholic Pentecostal movement, which emphasizes a personal relationship with Jesus and can include baptism in the Holy Spirit. As practiced by People of Praise, that can include praying in tongues to receive divine prophecies, heal the sick and cast out evil spirits, according to documents and former members.

Founded in 1971, the nonprofit organization has 22 branches across North America. It is not a church, but a faith community that includes people from several Christian denominations, though most of its roughly 1,800 adult members are Roman Catholic.

The existence of the directory listing Barrett’s name as a handmaid was first reported by The Washington Post late Tuesday. The AP reported last week that a 2006 issue of the group’s internal magazine, Vine & Branches, included a photograph showing that Barrett had attend a national conference reserved for top female leaders in People of Praise.



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