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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 ?
(18) In the context of a building contract, other possible methods of assessment include diminution in the value, nominal damages for loss of amenity, personal preference and whether or not the builder saved money as a result of the breach.
The availability of nominal damages (120) allows proponents of the
nominal damages, which emphasizes the "importance to organized
4th DCA 1981) ("While there is a legal remedy for every legal wrong and, thus, a cause of action exists for every breach of contract, an aggrieved party who has suffered no damage is only entitled to a judgment for nominal damages.").
Nominal damages are very small damages signifying that the loss or harm suffered was technical rather than actual.
(110) In fact, RLUIPA itself states that "[n]othing in [RLUIPA] shall be construed to amend or repeal the Prison Litigation Reform Act of 1995." (111) Because Sisney did not allege any physical injuries, he could, at most, recover nominal damages. (112)
The Second and Seventh circuits have awarded punitive damages without accompanying compensatory damages or back pay in Title VII cases, and the First and Third circuits have approved awarding punitives with nominal damages in [section]1981 cases.
district court in connection with the ban, and is seeking nominal damages and payment for attorney fees.
Hogan found that ODA administrator Alan Contreras had violated Benton's constitutional rights because his motive was "bias toward the institution from which the degrees were received." Hogan awarded $1 in nominal damages, but tacked on $371,362 in attorney fees and $70,829 in litigation costs.
If it cannot be proved, then the plaintiff can only recover nominal damages. [This court] thinks the plaintiff is not without a better rule.
Often the jury will award a token amount, typically $1, as nominal damages. In such cases, the Supreme Court has indicated, "punitive damages may be the only significant remedy available in some [section] l983 actions where constitutional rights are maliciously violated but the victim cannot prove compensable injury." (256)