affirmative defense

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affirmative defense

[əfur′mətiv]
Etymology: L, affirmare, to make firm
(in law) a denial of guilt or wrongdoing based on new evidence rather than on simple denial of a charge, as a plea of immunity according to Good Samaritan legislation. The defendant bears the burden of proof in an affirmative defense.

Affirmative Defense

A defense by a physician or other health care provider in a civil action, in which one asserts that one adhered to the local standards of care—which may be established by Ob/Gyns, emergency room specialists, or anesthesiologists.

affirmative defense

Medical liability A defense used by a physician in a lawsuit that is based on adherence to the local standards of care–which may be established by Ob/Gyns, emergency room specialists, and anesthesiologists. See Medical malpractice.
References in periodicals archive ?
This court is aware of the Court of Appeals for the Armed Forces cases interpreting the statutory burden shift for Article 120, UCMJ, affirmative defenses.
However, the D'Oench Duhme doctrine is broader than such statutes because it operates not only against affirmative claims, but also against defenses and affirmative defenses raised against the enforcement of a loan by a borrower and/or guarantor.
In their answers to the suit, filed May 16, Mack Trucks and Ballard Mack Sales & Service denied the allegations and raised 13 affirmative defenses, including assertions that the suit was barred by the statute of limitations and that Mr.
District courts remain divided on whether Iqbal also applies to affirmative defenses.
The motion was filed "largely to remove affirmative defenses based on the prefailure actions of the NCUA as regulator-affirmative defenses that have repeatedly been held legally insufficient," per the paperwork filed by NCUA's lawyers.
65) The case was a residential mortgage foreclosure action, where the defendant homeowner served an answer to the plaintiffs complaint alleging five affirmative defenses.
68) Were fair use like the affirmative defenses listed above, then the principles of fair use articulated in Folsom would have been mere dicta to Justice Story's holding, for he found that the defendant had infringed.
15) Attorneys for the employer will almost certainly deny allegations of wrongdoing, but might also consider asserting affirmative defenses, counterclaims, and even bringing a separate cause of action against the employee.
However, the law allows for affirmative defenses that can defeat, in whole or in part, a malpractice action even if the evidence satisfies all four elements.
Of course, this proposal lacks a lot of details that would have to be worked out--this has occurred with other affirmative defenses.
Universal fought back by raising affirmative defenses that Lenz had bad faith and unclean hands in pursuing damages.

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