affirmative defense


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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 ?
A rich source of evidence to support an affirmative defense on the grounds of honest error is often found by focusing on the organizational aspects of a study, and on the management, training and resourcing of personnel.
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.
This Article addresses the two possible readings of Twombly and Iqbal: first, that the decisions are limited to a plaintiff's civil complaint, and second, that a defendant must also comply with the Supreme Court's plausibility standard by pleading enough facts to sufficiently state an affirmative defense. This Article explains why a close textual review of the Federal Rules of Civil Procedure, combined with numerous policy and practical considerations, support the broader second reading of the Supreme Court's decisions.
4 of the Revised Penal Code, known as "state of necessity." It is an affirmative defense wherein the accused admits the killing.
Although the District Court concluded that the employer had met its burden under the Faragher-Ellerth affirmative defense it maintained an anti-harassment policy and despite a complaint procedure, Minarsky never reported Yadlosky's harassing behavior the Third Circuit disagreed.
and Manny Pacquiao in their establishment, the defendants' affirmative defenses for "license and payment" and waiver may not be stricken because they present questions of fact for the court to resolve.
For instance, businesses can raise an affirmative defense if they have "implemented reasonable security measures." The statute defines such measures as "precautions that a reasonable business owner in such industry would implement in a particular area of the premises to guard against criminal acts or harmful acts based on the condition of the premises and the cost of implementing such precautions."
"This matter cries out for a common sense resolution." In response to the charges, Wrightasserts the affirmative defense that the case was previously settled anddenies knowingly and deliberately making a material misrepresentation, although he acknowledged the September 2016 phone call.
It's not an onerous burden to require prosecutors to inform the grand jury if they have knowledge and information that the person has an affirmative defense, said Demissie, president of the Massachusetts Association of Criminal Defense Lawyers.
"An affirmative defense does not concern itself with the elements of the offense at all; it concedes them.
Operators can also make an affirmative defense and prove they were motivated solely by the miner's unprotected activity.

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