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Related to breach: anticipatory breach


An infraction or violation of the law, which is either intentional (an act of commission) or unintentional (an omission).

See security breach

noun A term used in the context of time-dependent health care targets in the UK, in which a particular type of patient interaction with NHS health providers did not occur in the desired time frame. In A&E (casualty), patients must be seen within 4 hours, regardless of their level of acuity; any longer than 4 hours is regarded as a breach. For cancer targets, a patient is said to have breached when he/she has not been seen by an oncologist within 31 days of an urgent GP referral, or if definitive cancer therapy has not begun or at least been offered to the patient within 62 days of an urgent GP referral.

verb To have not begun definitive therapy for cancer within 62 days (as required by government cancer targets).


Medical malpractice The failure or alleged failure on the part of a physician or other health care provider to exercise ordinary, reasonable, usual, or expected care, prudence, or skill–that would usually and customarily be exercised by other reputable physicians treating similar Pts–in performing a legally recognized duty, resulting in forseeable harm, injury or loss to another; negligence may be an act of omission–ie, unintentional, or commission–ie, intentional, characterized by inattention, recklessness, inadvertence, thoughtlessness, or wantonness. See Adverse event, Comparative negligence, Contributory negligence, Gross negligence, Malpractice, Wanton negligence, Willful negligence. Cf Recklessness.
Negligence, required elements  
Duty A recognized relationship between Pt and physician
Breach Failure of a medical practitioner to practice in accordance with standard of care
Proximate cause The plaintiff must show that injury is reasonably connected to physician's action
Damages Plaintiff must show that alleged loss or damage has a quantifiable value such that a monetary payment can be made APLM 1997; 121:252


n action taken by one party in an agreement that serves to convince the other party that the terms of the contract will not be fulfilled. The faithful party may consider the contract canceled at that point.
References in periodicals archive ?
Hear from industry experts on what they foresee in 2016 in our Talking Data Breach video series: http://bit.
Suffering a breach is no longer a question of if but when.
Identity theft remained the primary type of breach, accounting for 75 per cent of all records compromised and slightly more than half (53 per cent) of data breaches in the first half of 2015.
For the Financial Services sector, the number of data breaches remained relatively flat year over year, but the average number of records lost per breach increased ten-fold to 1.
While the number of South Korean breached records was extremely high, the number of breach incidents in Asia Pacific as a whole accounted for only 7 percent of the total number of global breaches, dwarfed by the 78 percent (199 incidents) that occurred in North America and 13 percent in Europe.
Failure to show graphics of decision points associated with the breach on a decision support template.
a global leader in data protection, today announced that it will preview at the RSA conference the Breach Level Index, a new scale and methodology that calculates the severity of data breaches across multiple dimensions based on breach disclosure information.
The "winner" of last year's 'Madness' was Ohio State University, which suffered a breach consisting of a reported 750,000 compromised records, which is the second highest U.
However, the judge raised the issue as to whether the acceptance of maintenance checks constituted a permanent waiver of Diamond's default, forever forgiving the shareholder for his breach of his lease for non-payment of the assessment.
Increase efficiency of working with the legal team once a breach occurs
Jodi Rell announced an investigation into the security breach in May.
The issue before the court was whether recovery of a purely economic loss was restricted to breach of contract claims or was possible in negligence cases as well.