Malpractice - Law Dictionary Search Results
Home Dictionary Name: malpracticemalpractice
malpractice : negligence, misconduct, lack of ordinary skill, or a breach of duty in the performance of a professional service (as in medicine) resulting in injury or loss ...
malpractice insurance
malpractice insurance Protection of professional people (attorneys, doctors or accountants) against claims of liability. Source: FindLaw ...
Malpractice
Malpractice, includes dishonesty cheating, imperso-nation, obstruction in carrying out public works as specified in the contract and failure to observe, while submitting the tender, the instruction given in the tender form including schedule appended thereto. [The West Bengal Public Works Con-tractors (Regulation and Control) Act, 2006, s. 2(f)]...
wrongful birth
wrongful birth : a malpractice claim brought by the parents of a child born with a birth defect against a physician or health-care provider whose alleged negligence (as in prenatal testing or diagnosis) effectively deprived the parents of the opportunity to make an informed decision whether to avoid or terminate the pregnancy ;also : the birth or injury at issue in such a claim [recognize a cause of action for wrongful birth] NOTE: Two factors behind the general recognition of the wrongful birth claim are scientific advances in prenatal diagnosis of birth defects and the legalization of abortion. Wrongful birth and wrongful life are distinct from malpractice claims alleging actual physical injury to a fetus caused by a negligently performed procedure. ...
res ipsa loquitur
res ipsa loquitur Latin, the thing speaks for itself] : a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence [a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence "Cox v. May Dept. Store Co., 903 P.2d 1119 (1995)"] NOTE: For res ipsa loquitur to apply, the accident in question must not be due to any voluntary action or contribution by the plaintiff. The doctrine has traditionally required that a defendant have exclusive control over the instrumentality of an injury, but now it is commonly applied when multiple defendants have joint or sometimes successive control (as by the manufacturer and retailer of a defective product). In addition to the control ...
wrongful life
wrongful life : a malpractice claim brought by or on behalf of a child born with a birth defect alleging that he or she would never have been born if not for the negligent advice or treatment provided to the parents by a physician or health-care provider ;also : the life or injury at issue in such a claim [recovery for wrongful life] NOTE: Wrongful life claims have usually been rejected by the courts. The injury is not the birth defect, but the life itself, and courts are reluctant to declare life an injury. A specific calculation of damages for wrongful life would entail affixing a monetary value to the difference between life in an impaired state and nonexistence. There is no legally established right not to be born. ...
wrongful pregnancy
wrongful pregnancy : a malpractice claim brought by the parents of a healthy but unwanted child usually against a physician or health-care provider for alleged negligence in performing a sterilization or abortion procedure and sometimes against a pharmacist or pharmaceutical manufacturer of contraceptives ;also : the pregnancy or injury at issue in such a claim [an action for wrongful pregnancy] called also wrongful conception NOTE: A majority of courts faced with the issue have disallowed damages for child-rearing expenses in wrongful pregnancy cases. It is more common to recover for medical expenses, pain and suffering, lost wages, or loss of consortium from pregnancy and childbirth. ...
Malepractice
See Malpractice...
Malpractice
Evil practice illegal or immoral conduct practice contrary to established rules specifically the treatment of a case by a surgeon or physician in a manner which is contrary to accepted rules and productive of unfavorable results...
Fleta
Fleta, seu Commentarius Juris Anglicani, a treatise upon the whole law, as it stood at the time this author wrote, which serves as an appendix, and often as a commentary, to Bracton. The author was wholly an imitator.The book was written after the thirteenth year of Edward I., and not much later. The occasion of the title of it is given by the author himself, who says it was written during his confinement in the Fleet prison. From that circumstance it has been conjectured that he might be one of those lawyers who, for malpractice in their office as judges, were punished with imprisonment and pecuniary penalties, 2 Reeves, p. 279....
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