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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
McGraw-Hill Concise Dictionary of Modern Medicine. © 2002 by The McGraw-Hill Companies, Inc.

Patient discussion about damages

Q. How can I lower the damage the cumputer screen is causing my eyes? I work with a computer for long hours every day and so far my sight is still good. Usually after many hours my eyes itch though. All my friends have already ruined their eyes this way and would really like to prevent that... Do you know how?

A. When people hardly concentrate on monitors, used to blink a little. Try to use neutral eyedops. Use only TFT monitors. Another good ways has written above :)

Q. i have nerv damage in my left arm . what are the best ways to dill whith paine excelpt paine pills. not the best speller hope pepole understand. just wonderd what typs of ways you can deal with for paine whithout haveing to take meds; terry

A. here is an article i found for you-


"If you're a pain sufferer, here's some good news: Plenty of options exist to ease aches, and many of them don't come in pill form."

Q. What damage does depression do to the brain and how can you treat it? How does it affect your chemical balance, your brain? Is it critical or will be critical later in life? I just read on Yahoo News that Clinical stress could increase risk of Alzheimer's later in life. Does age matter like during teen years? I had depression and begun running. I noticed that I have a hard time focusing and absorbing information. I forgot a lot of things. All my brain seems to focus on is emotions. Can I change that? The running has made me feel a lot better afterwards

A. This is actually a good question- but I couldn’t find any research concerning long term damage from depression. It sounds unreasonable though…because there is no deprivation of oxygen or anything essential in depression. But the brain is a biological system that is under constant change – so it may be that pattern of thought changed. About the Alzheimer's- I only saw articles about depression because of Alzheimer.

More discussions about damages
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References in periodicals archive ?
regulatory charges and legal damages but inter-dealer brokers have more
In short, the Earth Elements court found that consideration for a settlement was compensable only as legal damages stemming from a breach of the contract.
Controversy over the tax treatment of contingent legal fees (not deductible as a trade or business expense) incurred in the recovery of taxable legal damages is not a new issue.
Now the DWP has tried to "scare off" the group with the prospect of unlimited legal damages.
A recent obituary in the New York Times told about Frank Smith, "who as an inmate leader at Attica prison was tortured by officers in the aftermath of the prisoner uprising of 1971 and then spent a quarter century successfully fighting for legal damages." Working as a paralegal after his release, Smith was a pivotal force behind a twenty-six-year civil action lawsuit that won a $12 million settlement.
Court of Appeals for the Sixth Circuit: Ohio's shield law prevents a news source burned by a fired Cincinnati Enquirer reporter from claiming legal damages against the newspaper and its parent, Gannett Co.
The company, based in Federal Way, Wash., had a first-quarter net loss of $54 million, or 24 cents a share, because of the tariffs and costs to pay legal damages and close plants.
Democrats oppose Bush's plan, countering that insurance companies, and not large legal damages, are the real culprit behind sky-high liability premiums.
Security lapses that allowed maintenance workers to drill peepholes through the walls of utility closets and peer at female students while they showered in University of Colorado dorms may end up costing the school plenty in legal damages. This summer, nine women who lived at the Boulder campus's Farrand Hall (a women's dorm) retained John Zakhem, a Denver attorney, to represent them.
We have previously held that the term "damages" in an insurance contract unambiguously means legal damages, and that "as a general rule comprehensive general liability policies do not extend coverage to claims for equitable relief" [citing Cincinnati Ins.