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Related to Liquidated damages: Unliquidated damages


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.


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


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-


"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 ?
Once demurrage exceeds the described statutory 'additional periods' and is considered part of a liquidated damages provision, there are a variety of legal issues that arise under UAE law.
There is no clear statement in the law about just how proportionate the liquidated damages must be, but the standard appears to be that the clause is "reasonably proportionate" stated affirmatively or not "plainly disproportionate," stated negatively.
This suggests that the 75% liquidated damages provision in the authors' example might be excessive, and thus not enforceable in New York State courts.
62) Framed in terms of heuristic versus deliberative processing, (63) liquidated damages may push the parties to deliberate about the expected value and possible risks entailed by the contract, rather than assessing the value by means of an affective snapshot.
Therefore, under my proposed approach, in all successful claims of disparate treatment (or "intentional") discrimination, the plaintiff would presumptively be entitled to liquidated damages equal to the amount of actual damages suffered.
Liquidated damage clauses should be negotiated between the parties.
Finally, the court adopted an unconscionability test that determines 1) whether the liquidated damages clause constitutes a "contract of adhesion," meaning that "the weaker bargaining party had no meaningful choice regarding acceptance of the provisions," and, if so, 2) whether the contractual terms are unreasonably favorable to the drafting party, meaning "whether the clause is within the reasonable expectations of .
Historically, liquidated damages provisions were not favored under the law and frequently not enforced.
In the Court's view, Schleier's damages under the ADEA are not based upon "tort or tort type rights' because monetary remedies under the ADEA are limited to backpay and liquidated damages, neither of which serves a compensatory function.
As an alternative or supplement to a restrictive covenant, physician executives should consider the use of a liquidated damage provision.