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Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
A plaintiff must establish all five elements of the tort of negligence for a successful medical malpractice claim. [11] A duty was owed: a legal duty exists whenever a hospital or health care provider undertakes care or treatment of a patient. A duty was breached: the provider failed to conform to the relevant standard care.
Within 48 hours of being put on Paxil Schell killed his wife, daughter, infant granddaughter, and himself. Tim Tobin, Schell's son-in-law, took legal action against SmithKline (now GlaxoSmithKline). The Tobin case was heard in Wyoming from May 21 to June 6, 2001. The jury returned a guilty verdict against SmithKline and awarded Tobin $6.4 million.
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
If that is the case, then as a matter of law, the duty of care has not been breached and the plaintiff cannot recover in negligence. [ 35 ] [ 36 ] This is the key difference between negligence and strict liability ; if strict liability attaches to the defendant's conduct, then the plaintiff can recover under that theory regardless of whatever ...
In Denmark, scientific misconduct is defined as "intention[al] negligence leading to fabrication of the scientific message or a false credit or emphasis given to a scientist", and in Sweden as "intention[al] distortion of the research process by fabrication of data, text, hypothesis, or methods from another researcher's manuscript form or ...
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