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Asante Rogue Regional Medical Center is being sued by 18 former patients who claim the hospital's 'negligence' caused unnecessary pain or death. Families claim Oregon nurse replaced fentanyl drips ...
In California, for example, recovery for non-economic damages are limited to $250,000. According to the Supreme Court of California, "noneconomic damages compensate the plaintiff for 'pain, suffering, inconvenience, physical impairment , disfigurement and other nonpecuniary damage [as per Cal.Civ.Code section 3333.2, subdivision (a)].'
Ray sued the hospital for negligence, and in September a jury awarded her $25 million. About a month later, she entered into a confidential settlement with the hospital, her lawyer, Gregory Roe, said.
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]
The act provides immunity to the State of California and its related entities from being sued. The law immunizes public employees from liability for “instituting or prosecuting any judicial or administrative proceeding” within the scope of their employment, “even if” the employees act “maliciously and without probable cause.” (Cal. Gov. Code, § 821.6)
Breen’s suit claims Olson-Kennedy’s clinic put her on puberty blockers when she was just 12, started her on hormone therapy at 13 and performed a double mastectomy on her at 14.
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The patient and his family sued the University of California (where the surgery occurred) and the Irwin Memorial Blood Bank (which supplied the blood) for multiple causes of action. A jury trial took place. The blood bank introduced evidence that its safety procedures were at least as good as those generally prevailing at the time.