Sentences with phrase «applicable standards of»

In adapting our struggle here in the United States to the struggles of targeted parents in other parts of the globe, the issue becomes identifying the applicable standards of professional practice for your country's professional psychological association.

Demonstrated history of successful administration, while providing high - quality patient care consistent with the applicable standards of care.

Director of Nursing — Duties & Responsibilities Manage nursing departments for private and public institutions across a number of specialties Skilled in orthopedics, neurology, medical, surgical, and geriatrics Train, schedule, and supervise junior nursing staff ensuring compliance with applicable standards of care Set and strictly adhere to departmental budgets ensuring cost effective operations Maintain working knowledge of current medical technology, procedures, and standards of care Utilize management expertise to enhance patient care while cutting extraneous expenses Oversee patient scheduling, admission, evaluation, and discharge Provide professional and courteous communication with patients and family Assist attending physicians with patient evaluation, monitoring, and implementation of medical care plans Monitor patient condition, chart progress, administer medications, and perform routine procedures Educate patients and family members in healthy lifestyles and disease management Offer guidance and support to junior nurses, lab technicians, and medical technologists Oversee confidential patient information, customer service, phones, and other administrative functions as needed Manage company inventory replenishing medical and office supplies as needed Demonstrate ability to remain calm and levelheaded in high pressure situations Perform all duties with positivity, professionalism, and dedication to high quality patient care

Where professional misconduct is at issue, a hearing panel may need to determine the applicable standards of practice of the profession.

Our Utah and Nevada attorneys understand that effective appellate advocacy is about careful issue selection, understanding the applicable standards of review, and having the ability to communicate and persuade through the written word.

It should be written in tandem with your applicable standards of practice.

meets the applicable standards of an elementary, middle, or secondary school teacher who is new to the profession; or

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.

7) The Committee shall review and consider with the External Auditors the matters required to be discussed by the applicable standards of the Public Accounting Oversight Board.

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.

Since television and radio programs, on the other hand, are open to everyone without limitation, it is necessary to maintain a more broadly applicable standard of public propriety than applies to the other forms of mass communication.

So the plaintiffs in this case need to either (a) show actual damages, or (b) convince the court under the applicable standard of proof that they will suffer damages and they are likely to prevail on the merits of the case, and possibly secure a bond for the losses to the defendants in the meantime.

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.

Finally, what is the applicable standard of review?

As a refresher, Dunsmuir held that certain presumptions will point to the applicable standard of review; the level of deference afforded to statutory administrative decision - makers.

The appellate court first recognized the applicable standard of review, that the evidence would be viewed in a light favorable to the prevailing party, all reasonable inferences in its favor, citing Congdon v. Congdon, 20 Va..

In a nutshell: the relevant jurisprudence concerning the applicable standard of review of intelligence sources and analysis was developed by the General Court in a series of judgments concerning the freezing of assets of the People's Mojahedin Organization of Iran («PMOI») in connection with the EU's fight against terrorism.

And reasonableness is the applicable standard of review here ̶ the questions of law at issue are of «a very technical nature» which the CITT will often be better equipped than a reviewing court to answer.

The Court of Appeal unanimously overturns the chambers justice on this point, and rules the applicable standard of review to apply to the Minister's decision is reasonableness.

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.

Despite this, it appears both ATB and the AUPE expended significant time and energy arguing over what the applicable standard of review would be in their case.

The identification of the applicable standard of review thus requires a good understanding of how to differentiate between questions of law, questions of fact, and all related iterations between and surrounding these extremes.

Justice Manderscheid decides three issues in his judicial review decision: (1) what is the applicable standard of review?

Dunsmuir also confirmed that precedent is established on the applicable standard of review for a particular decision - maker in relation to a particular type of decision or question (Dunsmuir at para 62).

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.

The Court stated the applicable standard of review is a relevant consideration in determining whether there is a reasonable chance of success.

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.

Additionally, medical malpractice claimants must have an expert witness who is equally if not more qualified than the defendant to testify to a breach in the applicable standard of care.

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.

The Judgment asserts that the applicable standard of proof that applies is the civil one pursuant to Re B [2013] UKSC 33.

According to the plain wording of s. 44 (1), the circumstances that must be considered in determining the reasonably applicable standard of repair includes the character and location of the roadway.

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.

The Court of Appeal likewise ruled the applicable standard of review was correctness, but did so on very different grounds, which was the subject of my post in Where Are We Going on Standard of Review in Alberta?.

Topics discussed include: strategies for identifying the required elements for a potential malpractice action; the evaluation of the defenses that might bar recovery or defeat a claim; establishing or refuting the applicable standard of care with expert testimony; identifying when a conflict of interest results in divided loyalties, when such a conflict may form the basis of a claim, and the defenses to such conflict of interest claims; and distinguishing malpractice liability from a violation of professional ethical standards and if or when such standards are relevant to litigating a malpractice claim.

In a typical medical malpractice case, Tennessee law requires a plaintiff to establish and prove a physician breached the applicable standard of professional care.

Unless the jurisprudence has already settled the applicable standard of review (Dunsmuir, at para. 62), the reviewing court should begin by considering whether the issue involves the interpretation by an administrative body of its own statute or statutes closely connected to its function.

The plaintiff must disclose the identity and qualifications of the expert witness who certified that the defendant deviated from the applicable standard of care and the deviation was the proximate cause of the injuries claimed.

[15] This Court described the applicable standard of review in mobility cases in MacPhail v Karasek, 2006 ABCA 238 (CanLII) at paras 25 - 27, 409 AR 170:

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 applicable standard of review requires curial deference, absent a finding of fact or law that is patently unreasonable.

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).

Whether or not it does so depends on how the trier of fact, in the exercise of his or her own judgment, chooses to weigh the evidence: subject to the applicable standard of review, that task of weighing evidence rests with the trier of fact ̶ in this case, with the Tribunal.

She also considered whether «jurisdictional defect» includes not only true questions of jurisdiction but also excesses of jurisdiction such as errors of fact, law, or discretion offending the applicable standard of review.

As the Superior Court decisions were decisions on motions involving questions of law, the applicable standard of review for the appeals was correctness.