damages

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Related to Legal damages: nominal damages, actual damages, compensatory damages

damages

[dam′ijəs]
Etymology: L, damnum, loss
(in law) a sum of money awarded to a plaintiff by a court as compensation for any loss, detriment, or injury to the plaintiff's person, property, or rights caused by the malfeasance or negligence of the defendant. Actual damages are awarded to reimburse the plaintiff for the loss or injury sustained. Nominal damages are awarded to show that a legal wrong has been committed although no recoverable loss can be determined. Punitive damages exceed the actual cost of injury or damage and are awarded when the defendant has acted with malice or reckless disregard of the plaintiff's rights.

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

damages,

n monetary award from a court as compensation for a legally proven loss.

damages,

n.pl compensation or indemnity that may be recovered in the courts by any person who has suffered loss, detriment, or injury to person, property, or rights through the unlawful act or negligence of another.
damages, compensatory,
n.pl a sum that compensates the injured party for injury only.
damages, exemplary (punitive damages)
(igzem´plərē),
n.pl damages awarded to the plaintiff over those that will barely compensate for property loss. Such compensation may be awarded when the wrong done to the plaintiff involves violence, malice, or fraud by the defendant. The object is to provide compensation for mental suffering or loss of pride. It may be employed as punishment of the defendant.
damages, nominal,
n.pl a small sum awarded to a plaintiff in an action in which there is no substantial loss or injury to be compensated but in which the law still recognizes a technical invasion of rights or a breach of the defendant's duty. Also awarded in cases in which, although there has been a real injury, the plaintiff's evidence is not sufficient to show its amount.
damages, punitive,
n.pl See damages, exemplary.

damages

money paid to the victor in a court case in which loss of property or income is alleged, covered by the law of torts. Simple damages are assessed on the value of the actual loss. Punitive or exemplary damages are in excess of simple damages and are awarded as a punishment against the loser in the suit if it is judged that the tort was an aggravated one, and that the defendant has been, for example, wilfully and recklessly neglectful.

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-

http://www.webmd.com/pain-management/guide/pain-relief-without-pills

"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
References in periodicals archive ?
3) Although Great-West claimed equitable restitution, the Court held that, despite the equitable labels used in the complaint, the facts of the case were such that the action sought only legal damages for breach of the reimbursement clause and, thus, was not permitted tinder ERISA.
It adopts a "default rule" that "damages," as used in a liability policy, means legal damages and not equitable relief, unless the policy language is to the contrary.
He proved he was ready for a stand-up fight when he won substantial legal damages against an English tabloid for saying that he was as interesting as the cobbles in Weatherfield
We do not discuss fees, but in this case OJ Simpson's fee, paid directly to his agent, will go into the fund that is paying legal damages awarded to the Goldman family following the civil suit against OJ Simpson.
The tobacco companies would be required to pay $516 billion over 25 years to cover legal damages as well as for anti-smoking, education, and research programs.
Mr Sonabend sought maximum legal damages of pounds 21,000 per victim from the government, arguing Berne's wartime policy of turning away Jewish refugees had put his family in Nazi hands.
The Illinois Supreme Court unequivocally stated that limiting an injured person's legal damages constituted special legislation benefitting a select few, thus violating the state constitution," Hailey said.
In many states, when an insurance company acts in bad faith, by not paying legitimate claims, for example, the legal damages owed to the insured person can be a much larger sum than what was originally owed for the claim.
Contracting parties, however, may well prefer a deterrent consisting of a combination of legal damages and trademark losses to a deterrent consisting of legal damages alone that seek to provide full compensation.
BSN attributed the problem to incompatible bottle caps, and said that any legal damages that may result from the affair will be covered by insurance.
Not every claim for legal damages will be judged to have merit, especially where no physical injury resulted.