breach

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breach

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

Informatics
See security breach

Medspeak-UK
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).

negligence

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

breach,

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 ?
The appellate court also ruled that the owner breached the contract in the process of abandoning same.
Lackadaisical security controls on the side of the breached business seem to be a reason why so many outside data breaches have occurred:
Sempra breached its duty to provide meaningful plans for the supply of natural gas;
The lawsuit further alleges that, upon Arotech's release of its financial statements for the nine-month period ended on September 30, 2002, IES realized that Arotech breached its undertaking in respect of the truthfulness of the representations it made to IES.
Shostack alleges that the Company breached its fiduciary duty to Mr.
The issue before the Court was whether Weyerhaeuser breached four warranties contained in the contracts by which it transferred to Paragon the assets relating to Weyerhaeuser's private label diaper business, concurrent with Weyerhaeuser's sale of 100% of Paragon's stock to the public in a 1993 IPO.
Boyce, Ackerman and Crandall breached these fiduciary duties by, among other things, conspiring with each other and Occidental to deprive Adair and Adair Yemen of the full rights and benefits in the Block 20 concession, manipulating the relationship with subcontractors performing work on Block 20 to have that work supervised or directed by Occidental rather than Adair and/or to have such work performed or supervised by themselves, misappropriating assets belonging to Adair Yemen for the benefit of Occidental, misrepresenting Adair Yemen's status and their own status to officials in the Republic of Yemen and the public, and breaching the Company's confidentiality by unauthorized disclosures.
Alrov continues to claim in its suit that Hilton breached the management agreement and failed to successfully manage the hotel from its opening.
Under restitution, it assessed damages for the benefits to the government of the contract with Glendale that the government later breached.
Rio Tinto (NYSE: RTP) has concluded that the conditions of its bid for North have been breached, based on information released by North on 30 June 2000 in relation to its subsidiary, Iron Ore Company of Canada (IOC).
Ghanbari alleges that Paul Averback engaged in false and fraudulent promises, breached agreements, wrongfully caused the termination of Dr.
We are confident that the Court will determine that Iris Cantor and Rod Fisher deliberately breached the Partnership Agreement.