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 ?
If the employer's suit is defensive (a counterclaim or affirmative defense to the employee's claim), almost certainly not.
I'm a little reluctant to offer this proposal in the midst of academics and people who have spent a lot more time thinking about this than I have, but this is the idea that has been rolling around in my mind as a former trial lawyer and someone who deals with this now as the chief lawyer for a public company: After the corporation performs the internal investigation and unsuccessfully attempts all of the creative and good measures it can to obtain a declination or a deferred prosecution agreement from the prosecutor, perhaps it should be able to avail itself of an affirmative defense.
Nebraska enacted new child pornography provisions that allow an affirmative defense for minors who possess sexually explicit images of children age 15 and older, as long as the images are of only one child, were taken without coercion, and were not forwarded to anyone else.
Accordingly, as a matter of the plain language of the statute, the court ruled that the "reasonableness" exception should be treated as an "affirmative defense" because it is listed in the statute in a place where one would expect to find affirmative defenses, and because it sits right after another affirmative defense which, as all parties had already accepted, the defendant has the burden to prove.
Business B, having failed to undertake the steps required for the Affirmative Defense, faces a jury and potential liability for compensatory damages, punitive damages and attorneys' fees.
The court held, inter alia, that the Exclusive Remedy defense, which is often employed in defending workers' compensation related cases, is an affirmative defense which must be pleaded by an employer seeking to invoke it.
More significantly, he explained that the "radically unauthorized" use of the Benchbook instruction to avoid the pitfalls of the affirmative defense scheme has had the unintended consequence of making sexual offenses harder to prosecute under the revised Article 120 than under the former version.
The bill also establishes an affirmative defense if the person believed in good faith that he or she was a citizen of the United States.
Permitting companies to present an effective anti-bribery compliance system as an affirmative defense to FCPA charges.

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