TITLE

The Fifth Element of Negligence

AUTHOR(S)
Ashley, Ruthe C.
PUB. DATE
October 2004
SOURCE
Critical Care Nurse;Oct2004, Vol. 24 Issue 5, p80
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
Answers a question about negligence in patient care that produces compensable damages. Comparison between civil and criminal cases with respect to when damages can be awarded; Discussion of out-of-pocket, or economic, damages, such as medical expenses, lost wages, pharmaceuticals, therapy, housekeeping, and replacement of property; Determination of general, or noneconomic, damages, including pain and suffering, emotional distress, or loss of consortium; When punitive or monetary damages are awarded.
ACCESSION #
17123257

 

Related Articles

  • Compensating for unforeseeable damages in torts. Kim, Jeong-Yoo // Journal of Economics;Nov2011, Vol. 104 Issue 3, p265 

    The doctrine regarding unforeseeable damages in a contract was established in the well known case of Hadley vs. Baxendale. According to the judgement, a plaintiff cannot be compensated for unforeseeable damages in an incomplete contract unless he informs the defendant of the possible unforeseen...

  • Rebirth of Assumption of the Risk and Contributory Negligence in Medical Malpractice Actions. Buckner, Fillmore // International Journal of Cosmetic Surgery & Aesthetic Dermatolog;Mar2003, Vol. 5 Issue 1, p93 

    Traces the rebirth of assumption of the risk and contributory negligence in medical malpractice actions in the United States. Factors which combined to create the malpractice crisis in the 1970s; Call for a tort reform campaign from organized medicine; Provisions of the tort reform introduced...

  • South African Maritime Law Update: 2005. Wagener, Michael // Journal of Maritime Law & Commerce;2006, Vol. 37 Issue 3, p403 

    The article discusses developments to the South African maritime law in 2005. An incident at Anangel Fidelity which reflects issues related to discharge of cargo, remoteness of damage and contributory negligence is described. Information is presented on a case about admiralty practice. The...

  • Victim interdependence in the accident setting. Friehe, Tim // European Journal of Law & Economics;Apr2012, Vol. 33 Issue 2, p371 

    This paper considers the case in which potential victims affect each other by taking care. Analyzing standard liability rules, we show that the rule of strict liability with a defense of contributory negligence is in the best position to induce the efficient outcome, i.e., this liability rule...

  • Will Trial Bar-barians Kill Exclusive Remedy? Hartwig, Robert P. // National Underwriter / Property & Casualty Risk & Benefits Manag;09/25/2000, Vol. 104 Issue 39, p12 

    Focuses on trial lawyers who are pushing to abandon the adoption and implementation of workers' compensation legislation in all states in the United States. Doctrine and concept of exclusive remedy; Common law principle of contributory negligence applied by courts; Assaults against the...

  • The risk pricing principle: a pragmatic approach to causation and apportionment of damages. Green, Sarah // Law, Probability & Risk;Sep2005, Vol. 4 Issue 3, p159 

    At present, the method used to establish causation in negligence is ill-suited to the factual situations with which it has to deal. Currently, the causal inquiry conducted by the courts is binary in its nature in that it can support only two possible conclusions; a finding of liability or a...

  • Recent Developments in California's Last Clear Chance Doctrine. Garon, Myron L. // California Law Review;Fall52, Vol. 40 Issue 3, p404 

    Examines the Last Clear Chance doctrine for negligence cases in California. Definition of the doctrine; Comparison of the doctrine with Comparative Negligence; Limitations of the doctrine.

  • NHS budgets for negligence. Ward, Seamus // Public Finance;07/17/98, p9 

    Focuses on the measures of Great Britain National Health Service (NHS) against health authorities and trusts that do not set aside a budget for clinical negligence against them. Amount paid by the NHS in 1995/1996 for clinical negligence claims; Pressure on the health department to address the...

  • Bills To Modify South Dakota Contributory Negligence Defeated.  // Insurance Advocate;03/31/2001, Vol. 112 Issue 13, p14 

    Reports on the defeat of bills on modified contributory negligence by the South Dakota legislature. Effect of the action on consumers and insurers; Provisions of the bills.

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics