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Texas passed a "tort reform" law taking effect on September 1, 2003. [43] The act limited non-economic damages (e.g., damages for pain and suffering) in most malpractice cases to $250,000 across all healthcare providers and $250,000 for healthcare facilities, with a limit of two facilities per claim.
McDonald's coffee case: An American court case that became a cause célèbre for advocates of tort reform. A 79-year-old woman received third degree burns from spilled coffee purchased from the restaurant chain and sued to recover her costs.
In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Margaret Kawaauhau sought treatment from Dr. Paul Geiger for an injured foot, and he hospitalized her for fear of infection. Even though he knew intravenous penicillin would be more effective in warding off infection, he gave he oral penicillin instead, realizing she was trying to cut down on her medical costs.
Quasi-tort is a legal term that is sometimes used to describe unusual tort actions, on the basis of a legal doctrine that some legal duty exists which cannot be classified strictly as negligence in a personal duty resulting in a tort nor as a contractual duty resulting in a breach of contract, but rather some other kind of duty recognizable by the law.
Frolic and detour in the law of torts occur when an employee (or agent) makes a physical departure from the service of his employer (or principal).A detour occurs when an employee or agent makes a minor departure from his employer's charge whereas a frolic is a major departure when the employee is acting on his own and for his own benefit, rather than a minor sidetrack in the course of obeying ...
In common law, battery is a tort falling under the umbrella term 'trespass to the person'. Entailing unlawful contact which is directed and intentional, or reckless (or, in Australia, negligently [1]) and voluntarily bringing about a harmful or offensive contact with a person or to something closely associated with them, such as a bag or purse, without legal consent.
Union of India, in Indian tort law is a unique outgrowth of the doctrine of strict liability for ultrahazardous activities. Under this principle of absolute liability, an enterprise is absolutely liable without exceptions to compensate everyone affected by any accident resulting from the operation of hazardous activity.