Negligence litigation

S. Irwin, C. Fazan, and R. Allfrey. 1995. Medical Negligence Litigation A Practitioner s Guide. London Legal Action Group. 

The HSA states, however, that "covered countermeasures" apply only to smallpox vaccines at this time, and although HSA protects manufacturers and others against liability, it does not directly set forth compensation procedures for vaccine recipients. Under Part C of the HSA, compensation for death benefits is capped at 262,100. If a case does end up in court, the plaintiff must "prove culpability equal to or rising above the level of negligence." It seems assured that the history of vaccine regulations and litigations will continue to change for some hme to come. The swine flu and other vaccine-related ADRs are discussed further in Section 28.4.4.1. 

Although a variety of claims were discussed at various stages in the litigation, the most important questions were Is the manufacmrer liable for negligence because of the way guns are being sold Is there a public nuisance for which the city can collect compensation ... 

Although negligence represents the most important legal complication of clinical practice, the exposure of optometrists to malpractice claims remains at a relatively low level, for below that of physicians. Within optometry there is no difference between diagnostic and therapeutic drug use with regard to the risk of malpractice, because professional liability insurance premium costs do not vary on this basis. However, as optometry laws continue to be amended to enable optometrists to serve as primary providers of eye care, this increased clinical responsibility inevitably wiU result in increased litigation. 

See, generally, Andrew E. Costa, Negligence per se Theories in Pharmaceutical Medical Device Litigation, 57 MELR 51 (2005). 

Negligence avoidance involves many of the processes involved in risk management but the crucial difference is that the teacher s primary concern is with the prevention of litigation and protection of the self, school and the LEA. In this approach the teacher sees pupils and parents as potential claimants and adversaries. There is emerging evidence that teachers are... 

The risk of litigation increases when patients or families sense deception. Some clinicians believe that medical errors or unanticipated outcomes can appear as a negligent disclosure of error or the error it could create liability risks (Table 13.7). 

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