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 ?
Keep in mind that affirmative defenses shift the burden of persuading the AL) from the miners to the operators.
First, requiring the plaintiff to plead around the defendant's affirmative defenses conflicts with long-standing Supreme Court precedent.
40) In fact, the Florida Supreme Court has held the defendant, not the plaintiff, bears the burden of proof to prove alleged affirmative defenses.
An affirmative defense has been defined as an allegation of a new matter, which while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him.
An affirmative defense is generally an argument by a defendant that goes like this: "Everything you claim may be true, but we still win because of [fill in the blank].
Hoege III, "Overshift" The Unconstitutional Double Burden-Shifting on Affirmative Defenses in the New Article 120, Army Law.
Drawing from its analysis of the two opposing positions, this Note responds to the courts that have applied plausibility pleading to affirmative defenses by identifying several fundamental flaws in their appeals to tradition, policy, and the text of Rule 8.
It found allocation over seven policy periods was required because "it cannot be determined to what extent the bodily injury allegedly sustained occurred during a particular policy period" The Appellate Division also reinstated the insurer's affirmative defenses.
THIS ARTICLE addresses potentially effective arguments a defendant may raise when confronted with a motion to strike affirmative defenses based upon the Supreme Court's decisions in Bell Atlantic Co.
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.

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