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Related to breach: anticipatory breach
An infraction or violation of the law, which is either intentional (an act of commission) or unintentional (an omission).
See security breach
noun A term used in the context of time-dependent health care targets in the UK, in which a particular type of patient interaction with NHS health providers did not occur in the desired time frame. In A&E (casualty), patients must be seen within 4 hours, regardless of their level of acuity; any longer than 4 hours is regarded as a breach. For cancer targets, a patient is said to have breached when he/she has not been seen by an oncologist within 31 days of an urgent GP referral, or if definitive cancer therapy has not begun or at least been offered to the patient within 62 days of an urgent GP referral.
verb To have not begun definitive therapy for cancer within 62 days (as required by government cancer targets).
negligenceMedical 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 action taken by one party in an agreement that serves to convince the other party that the terms of the contract will not be fulfilled. The faithful party may consider the contract canceled at that point.