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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]
Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. In cases involving suicide, physicians and particularly psychiatrists may be to a different standard than other defendants in a tort claim. In most tort cases, suicide is legally viewed as an act which terminates a chain of causality.
None of the patients were told about the experiment, nor did the doctors ask for their consent. See Eileen Welsome's book The Plutonium Files. [10] Doctors' Trial: United States 1946 German medical doctors went on criminal trial for Nazi human experimentation. See The Years of Extermination. Guatemala syphilis experiments: U.S./ Guatemala 1946–48
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For the second time this year, a large Twin Cities nursing home with a troubling health and safety record has been ordered to pay more than $1 million in damages for failing to protect residents ...
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 is an English tort law case that lays down the typical rule for assessing the appropriate standard of reasonable care in negligence cases involving skilled professionals such as doctors. This rule is known as the Bolam test, and states that if a doctor reaches the standard of a ...
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