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Elisabeth Belmont, corporate counsel for Maine Health, which operates seven hospitals, a nursing home and a home health agency in Maine, said plaintiffs' lawyers could argue that any deviation from the "minimum standards" constitutes negligence, showing medical malpractice.
Failure to comply with federal and state highway safety regulations and traffic laws that proximately causes an injury constitutes "negligence per se" (automatically unreasonable conduct).
A Portland pimp named Sirgiorgiro Clardy wants a $100 million settlement from Nike because he claims that not warning people that their shoes could be used as a deadly weapon constitutes negligence.
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About 200 lawsuits have been filed in Louisiana alleging that these institutions are liable for the deaths and for the suffering of other patients who survived because corporate failure to plan adequately for flooding and implement evacuation constituted negligence or medical malpractice.
Expert witnesses are frequently influenced by their knowledge of the outcome in determining whether a radiologist, acting reasonably, ought to have detected an abnormality when reporting a study prior to the outcome being known, and thus in suggesting whether failure to detect the abnormality constituted negligence.
The original language in the bill also sought to "declare that failing to provide minimum services constitutes gross negligence subject to discipline".
The fines could rise to $4,300 per barrel if the judge is persuaded that BP and its partners' action constituted gross negligence or willful misconduct.
At least one state, Nebraska, would presume that using a cell phone at the time of an accident constituted contributory negligence, he said.
The letter states "the errors within IHMS' medication processes are manifold, represent significant risk to patients and likely to constitute medical negligence".
"We have learned that the knowledge of problems and lack of action to correct them do not constitute criminal negligence," the grand jurors said, in an unusual news release.
PHR believes such a pattern may constitute gross negligence, and therefore the consequences of any investigation must go well beyond administrative punishment to include an examination of criminal liability," Sirkin said.
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