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Medical Malpractice In The United States
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Claims of medical malpractice, when pursued in US courts, are processed as civil torts. Sometimes an act of medical malpractice will also constitute a criminal act, as in the case of the death of Michael Jackson. Medical professionals may obtain professional liability insurances to offset the costs of lawsuits based on medical malpractice. Further establishment of conditions of intention or malice may be applied where applicable. Frequency and cost of medical errors Back in 1984, the extrapolated statistics from relatively few records in only several states of the United States estimated that between 44,000 and 98,000 people annually die in hospitals because of medical errors. Much work has been done ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Medical Malpractice
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. The negligence might arise from errors in diagnosis, treatment, aftercare or health management. An act of medical malpractice usually has three characteristics. Firstly, it must be proven that the treatment has not been consistent with the standard of care, which is the standard medical treatment accepted and recognized by the profession. Secondly, it must be proven that the patient has suffered some kind of injury due to the negligence. In other words, an injury without negligence or an act of negligence without causing any injury cannot be considered malpractice. Thirdly, it must be proven that the injury resulted in significant damages such as disability, unusual pain, suffering, hardship, loss of income or a significant burden of medical bills. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Additur
An additur (Latin: "it is added to") is a legal term referring to the practice of a trial judge adding damages additional to the original amount awarded by the jury. It is not allowed in U.S. federal courts, as held by ''Dimick vs. Schiedt'', 293 U.S. 474 (1935). However, ''Dimick'' was decided before ''Erie Railroad Co. v. Tompkins'' (1938), which given the rarity of additur makes it unclear whether federal courts are bound by this rule when applying state law in diversity cases. Some American states, on the other hand, allow the practice, including California and New Jersey. It is the opposite of remittitur In United States law, remittitur (Latin: "it is sent back") is a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. The term is sometimes used where a jud ..., which is allowed in federal law. Although this is a rarely used procedure, it is usually granted for punitive damages whe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New England Journal Of Medicine
''The New England Journal of Medicine'' (''NEJM'') is a weekly medical journal published by the Massachusetts Medical Society. It is among the most prestigious peer-reviewed medical journals as well as the oldest continuously published one. History In September 1811, John Collins Warren, a Boston physician, along with James Jackson, submitted a formal prospectus to establish the ''New England Journal of Medicine and Surgery and Collateral Branches of Science'' as a medical and philosophical journal. Subsequently, the first issue of the ''New England Journal of Medicine and Surgery and the Collateral Branches of Medical Science'' was published in January 1812. The journal was published quarterly. In 1823, another publication, the ''Boston Medical Intelligencer'', appeared under the editorship of Jerome V. C. Smith. The editors of the ''New England Journal of Medicine and Surgery and the Collateral Branches of Medical Science'' purchased the weekly ''Intelligencer'' for $600 in 1 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Punitive Damages
Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award. Punitive damages are often awarded if compensatory damages are deemed an inadequate remedy. The court may impose them to prevent undercompensation of plaintiffs and to allow redress for undetectable torts and taking some strain away from the criminal justice system. Punitive damages are most important for violations of the law that are hard to detect. However, punitive damages awarded under court systems that recognize them may be difficult to enforce in jurisdictions that do not recognize them. For example, punitive damages awarded to one party in a US case would be difficult to get recogn ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New York State Bar Association
The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. The mission of the association is to cultivate the science of jurisprudence; promote reform in the law; facilitate the administration of justice; and elevate the standards of integrity, honor, professional skill, and courtesy in the legal profession. History NYSBA was founded on November 21, 1876 in Albany, New York, and then incorporated on May 2, 1877 by an act of the state legislature. Its first president was David B. Hill. Elliott Fitch Shepard helped found the association and, in 1884, was its fifth president. Among the reforms to the legislation signed into law that had created the association was the removal of the restrictions on the admission of women to the practice of law. In 1896, NYSBA proposed the first global means for settling disputes among nations, what is now called the Permanent Court of Arbitration at The Hague. Its protocol for legal ethics ensued from th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony H
Anthony or Antony is a masculine given name, derived from the ''Antonii'', a '' gens'' ( Roman family name) to which Mark Antony (''Marcus Antonius'') belonged. According to Plutarch, the Antonii gens were Heracleidae, being descendants of Anton, a son of Heracles. Anthony is an English name that is in use in many countries. It has been among the top 100 most popular male baby names in the United States since the late 19th century and has been among the top 100 male baby names between 1998 and 2018 in many countries including Canada, Australia, England, Ireland and Scotland. Equivalents include '' Antonio'' in Italian, Spanish, Portuguese and Maltese; ''Αντώνιος'' in Greek; ''António'' or ''Antônio'' in Portuguese; '' Antoni'' in Catalan, Polish, and Slovene; ''Anton'' in Dutch, Galician, German, Icelandic, Romanian, Russian, and Scandinavian languages; '' Antoine'' in French; '' Antal'' in Hungarian; and '' Antun'' or '' Ante'' in Croatian. The usual abbreviated form ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Rules Of Evidence
First adopted in 1975, the Federal Rules of Evidence codify the evidence law that applies in United States federal courts. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own evidence rules or codes to at least partially follow the federal rules. History The law of evidence governs the proof of facts and the inferences flowing from such facts during the trial of civil and criminal lawsuits. Before the twentieth century, evidence law was largely the product of decisional law. During the twentieth century, projects such as the California Evidence Code and the Uniform Rules of Evidence encouraged the codification of those common law evidence rules. In 1965, Chief Justice Earl Warren appointed an advisory committee of fifteen to draft the new rules. The committee was composed of U.S. lawyers and U.S. legal scholars. The Federal Rules of Evidence began as rules proposed pursuan ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daubert
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The ''Daubert'' trilogy are the three United States Supreme Court cases that articulated the ''Daubert'' standard: *''Daubert v. Merrell Dow Pharmaceuticals, Inc.'' (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the ''Frye'' standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; *''General Electric Co. v. Joiner'' (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kumho Tire Co , a South Korean tire manufacturer separated from Kumho Asiana Group after it was sold to Double Star in 2018
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Geumho, Kumho, or Kǔmho ( ko, 금호) may refer to: * Kumho (South Hamgyong), North Korea * Geumho River, Gyeongsangbuk-do, South Korea * Geumho-eup, a town in Yeongcheon, North Gyeongsang, South Korea * Geumho-dong, Seungdong-gu, Seoul, South Korea * Geumho Station, Seoul Metro station in Geumho-dong, Seungdong-gu, Seoul, South Korea Companies * Kumho Asiana Group, a South Korean conglomerate * Kumho Petrochemical and subsidiaries, a South Korean conglomerate spun off from the Kumho Asiana Group * Kumho Tire Kumho Tire (formerly known as Samyang Tire) is a Korean tire manufacturer. It is a subsidiary of Chinese tire conglomerate . Kumho Tire was previously operated as a business unit of the Kumho Asiana Group. Operations An industrial conglomerate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Electric Co
A general officer is an officer of high rank in the armies, and in some nations' air forces, space forces, and marines or naval infantry. In some usages the term "general officer" refers to a rank above colonel."general, adj. and n.". OED Online. March 2021. Oxford University Press. https://www.oed.com/view/Entry/77489?rskey=dCKrg4&result=1 (accessed May 11, 2021) The term ''general'' is used in two ways: as the generic title for all grades of general officer and as a specific rank. It originates in the 16th century, as a shortening of ''captain general'', which rank was taken from Middle French ''capitaine général''. The adjective ''general'' had been affixed to officer designations since the late medieval period to indicate relative superiority or an extended jurisdiction. Today, the title of ''general'' is known in some countries as a four-star rank. However, different countries use different systems of stars or other insignia for senior ranks. It has a NATO rank sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daubert V
In United States federal law, the ''Daubert'' standard is a rule of evidence regarding the admissibility of expert witness testimony. A party may raise a ''Daubert'' motion, a special motion ''in limine'' raised before or during trial, to exclude the presentation of unqualified evidence to the jury. The ''Daubert'' trilogy are the three United States Supreme Court cases that articulated the ''Daubert'' standard: *'' Daubert v. Merrell Dow Pharmaceuticals, Inc.'' (1993), which held that Rule 702 of the Federal Rules of Evidence did not incorporate the ''Frye'' standard as a basis for assessing the admissibility of scientific expert testimony, but that the rule incorporated a flexible reliability standard instead; *''General Electric Co. v. Joiner'' (1997), which held that a district court judge may exclude expert testimony when there are gaps between the evidence relied on by an expert and that person's conclusion, and that an abuse-of-discretion standard of review is the proper ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |