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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 ?
Additional data breach resources, including Webinars, white papers and videos, can be found at http://www.
Resnick does not open the flood-gates for data breach class actions" because data breaches very rarely result in identity theft, Gordon says.
Although only a snapshot of the data breach problem -- the vast majority of such attacks go unrecordedand might not even be detected in the first place- the sources used by the company are high-level enough to lend the report credibility in its overall conclusions.
Many of these policies included components that covered the costs of handling a data breach that exposed consumer information.
Beyond the time and cost of a data breach, a company's overall reputation and client relationships are at stake," Dandini said.
A company that ultimately does suffer a data breach should consult with an attorney with the expertise and resources necessary for handling data breaches to determine, for instance, what, if any, law enforcement organizations should be notified, what data privacy and statutory reporting obligations exist, and whether there is any insurance coverage for the event.
The consequences of a data breach can be significant, even when the breach is small and doesn't lead to employee or customer identity theft.
Part II critiques current data breach legislation and outlines the need for federal legislation.
Compounding those losses, the study stated that organizations experiencing a data breach also incurred an average $4.
Hundreds of banks across the country have been notifying their customers about the data breach and issuing new credit cards.
The effects of the act are unclear because the data breach litigation front is still developing.
A data breach at ChoicePoint in February 2005 was "a watershed event in terms of disclosure to the affected individuals," according to a paper from the Privacy Rights Clearinghouse.