Lecture Business law with UCC applications (13/e): Chapter 32 - Brown, Sukys

Business Law with UCC
Applications,13e
Professional Liability
Chapter 32

McGraw­Hill/Irwin

        Copyright © 2013 by The McGraw­Hill Companies, Inc. All rights reserved.


Learning Objectives
1. Distinguish between a certified public accountant
and a public accountant.
2. Differentiate between generally accepted
accounting principles and generally accepted
auditing standards.
3. Identify the types of auditing opinions that can
be issued by auditors.
4. Indicate the duties that accountants owe to their
clients.
5. Outline the registration requirements imposed on
architects by the state.
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Learning Objectives (cont.)
6.

Identify the duties that an architect owes to his or
her clients.
7. Determine the duties that an attorney owes to his

or her clients.
8. State the standard of care used to judge health
care professionals.
9. Contrast the locality rule with the national standard
in determining a health care provider’s liability.
10. Explain the circumstances in which hospitals can
be held liable for the torts of independent
contractor physicians.
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Professional Liability
• The Liability of Accountants
– The Regulation of Accounting and Auditing
– Accountant Registration Accounting and
Auditing
– The Dodd-Frank Act
– Sarbanes-Oxley Act

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Professional Liability
• Accounting and Auditing
– Auditing
– Accounting Principles
– Auditing Standards
– Types of Opinion
– Ethical Rules of Accountants

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Professional Liability
• The Dodd-Frank Act
– Securities Exchange Commission Jurisdiction
– Government Accountability Office/Public
Company Accounting Oversight Board
– Consumer Financial Protection Bureau

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Professional Liability
• The Liability of Accountants
– Conflicting Jurisdictional Problems •
– Duties Owed by the Accountant to the Client
– The Accountant’s Liability to Third Parties
– An Accountant’s Statutory Liability

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Professional Liability
• Duties Owed by the Accountant to the
Client
– Negligence/Malpractice
– Fraud

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Professional Liability
• The Accountant’s Liability to Third Parties
– Negligence/Malpractice
– Actually Named Third Parties
– Specifically Foreseen Third Parties
– Reasonably Foreseeable Third Parties
– Fraud

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Professional Liability
• An Accountant’s Statutory Liability
– Securities Act of 1933
– Securities and Exchange Act of 1934
– State Statutes

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Professional Liability
• The Liability of Architects and
Attorneys
– The Liability of Architects
– The Liability of Attorneys
– Steps in a Legal Malpractice Case

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Professional Liability
• The Liability of Architects
– State Regulation
– Duties of the Architect
– Contractual Liability
– Tort Liability

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Professional Liability
• The Liability of Attorneys
– State Regulation of Attorneys
– Ethical Rules of Attorneys
– Ethical Problems in Dodd-Frank
– Negligence/Malpractice
– Duties of the Attorney

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Professional Liability
• Steps in a Legal Malpractice Case
– Third-Party Liability
– Court-Driven Protection
– Criminal Liability

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Professional Liability
• The Liability of Health Care Providers
– The Professional Status of Health Care
Providers
– The Health Care Standard of Care
– Medical Records and the Patient’s Rights
– The Patient Protection and Affordable Care
Act

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Professional Liability
• The Health Care Standard of Care
– Consent
– Negligence
– Causation in a Malpractice Suit
– Expert Testimony

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Professional Liability
• Hospital Liability
– Ostensible Authority and Hospital Liability
– Negligent Credentialing by Hospital
Authorities
– Tort Reform and Litigation

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