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Related to Liquidated damages: Unliquidated damages


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 ?
Secondly, Article 390(1) of the Civil Code specifically permits liquidated damages under UAE law and provides a brief description of its nature, which corresponds with the fundamental elements of a demurrage provision.
The burden is on the party seeking to avoid liquidated damages to show that they are really a penalty, but doubts will be resolved in finding it to be penalty.
Further subsection (2) of section 118 of the Insurance Ordinance 2000 also entitles the appellant for a claim of liquidated damages at the rate of 5% on the high base rate.
It should be pointed out that liquidated damages, are not solely reflective of what the parties genuinely believe the loss might be.
The liquidated damages amount is often calculated as a percentage of the firm's historical annual billings to such lost clients for the year preceding the partner's departure, and it is triggered if the departing partner or the firm services the clients taken during the two-year period after the partner leaves the firm.
Although it is common to hear courts admit that (as indicated in Section 361) courts may award specific performance despite an express transfer term where the transfer is "intended to be mere security for the performance of the principle [sic] obligation," courts nevertheless insist that "where the sum specified may be substituted for the performance of the act at the election of the person by whom the money is to be paid, or the act done, equity will deny specific performance." (51) Courts following this reasoning deny specific performance of the trade terms to a promisee whose promisor complied with a liquidated damages clause.
The recent completion of key performance items permanently and irrevocably removes any prospect of liquidated damages being applied to EOS by NMT.
The question of whether a sum stipulated in a contract is a penalty or liquidated damages is a question of law and is to be assessed by reference to the economic conditions at the time the contract was made, not at the time of the breach.
In Part II, I analyze the possible effects of liquidated damages in light of evidence from experimental psychology and economics on behavioral responses to incomplete contracts and mild sanctions.
Specifically, I recommend that we adopt and implement a model similar to the liquidated damages provision in the Age Discrimination in Employment Act (ADEA) (226) and Fair Labor Standards Act (FLSA) (227) as part of Title VII in place of the current system.
United States, (1) the Armed Services Board of Contract Appeals (ASBCA) considered a contractor's (Trawick) appeal of a Navy contracting officer's final decision denying a claim to remit $68,394 in liquidated damages. Trawick contended that the contracting officer verbally agreed to remit $68,394 in liquidated damages.
the possibility that liquidated damages are a solution.