Sentences with phrase «applicable standard of care»

Capital One Investing does not review any action or inaction of a fiduciary with respect to any Account, including any action or inaction taken by COA with respect to the Program, and disclaims any responsibility for determining (i) whether a fiduciary's conduct satisfies applicable standards of care, or (ii) the validity of a person's or entity's status, or capacity to serve, as a fiduciary.
We are also pleased to see that the CSA, IIROC and MFDA may view refusals or low ball offers as an indication of problems with a registered firm's complaint handling practices including their obligation to deal fairly, honestly and in good faith with clients, act within the applicable standard of care, or have implemented and maintained effective complaint handling procedures.
In order to have a successful claim of medical malpractice, the plaintiff has to prove that the healthcare provider (s) failed to act reasonably (i.e., within the applicable standard of care) and that this failure to act reasonably caused cerebral palsy.
If you suffered damages because of a design professional's failure to follow the applicable standard of care, our accomplished construction litigation team can evaluate your claim and execute a strategy to maximize your recovery.
As further set out below, the automobile industry's letter to Scott Pruitt suggests an exclusive focus on regulatory standards as determinative of the industry's applicable standard of care (and potential liability for the breach thereof), which, under Canadian common law at least, would be misplaced.
These laws may also provide for financial penalties for conduct that falls below the applicable standard of care or rises to the level of outright abuse.
Under Canadian tort law, a plaintiff has to prove five elements in order to establish negligence: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached the applicable standard of care; (3) that the plaintiff suffered damages; (4) that these damages were the result of the defendant's breach (causation); and (5) that the resulting damages are not too remote.
Pre-suit procedures include getting an affidavit from a medical expert who practices in the same field as the potential defendant, indicating that the potential defendant's conduct fell below the applicable standard of care.
Specifically, the plaintiff must show that the defendant's deviation from the applicable standard of care was the prevailing cause of the injuries.
Expert evidence is typically required to establish the applicable standard of care and that the professional deviated from that standard.
Most medical issues are not within the common knowledge of the plaintiff or a jury, so an expert's testimony can be critical in helping the jury understand the applicable standard of care, whether the defendant provider failed to meet that standard, causation and damages.
For these reasons, it is important to have an attorney research the applicable standard of care, licensing requirements, and other regulations in your area.
By providing clients with the information that they need to assess litigation - related risks, lawyers not only ensure that they are meeting the applicable standard of care, but they also reduce the likelihood that their clients will be surprised by an adverse outcome.
It is imperative to have an experienced Dallas nursing home abuse lawyer research the applicable standard of care, licensing requirements, and other regulations in the Dallas area.
A statute or regulation may define the applicable standard of care in a specific situation, and a violation of that statute may constitute negligence per se.
It was alleged that the health care providers failed to offer a timely diagnosis of the patient's cancer, and therefore breached the applicable standard of care.
In the event that a medical malpractice case goes to trial, the victim must establish — usually through expert medical testimony — that the negligent health care provider breached the applicable standard of care, directly resulting in certain injuries and damages.
As discussed in our previous posts about the duty of care and standard of care, to win your medical malpractice claim, you need to prove: That the doctor, dentist or health care provider owed you a duty of care; The services or treatment provided fell below the applicable standard of care; You suffered a compensable -LSB-...]
Medical negligence claimants must offer expert testimony with respect to the applicable standard of care, the breach of the standard of care, and the causal link between the negligence and the harm sustained.
In Illinois, medical malpractice is considered a form of professional negligence where the physician or medical professional failed to conform to the applicable standard of care.
The decision is important because the Ontario Court of Appeal adopted the applicable standard of care in these circumstances from an Alberta Court of Appeal decision: Mahe v. Boulianne, 2010 ABCA 32 (CanLII).
Identify deviations, and adherences to and from the applicable standard of care, causation, and damage issues.
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