Sentences with phrase «reasonable standard care»

They are required to serve the public with a reasonable standard care and it doesn't matter whether they're unbundled or they're full service.

Our Houston premises liability lawyers can skillfully determine who was responsible in your accident case by proving your legal status and whether the property owner met the reasonable standard care as required under Texas law.

Not exact matches

Advisers would be expected to exercise care to fairly and accurately describe recommended transactions and compensation practices pursuant to the Impartial Conduct Standards which require advisers to make recommendations that are prudent and loyal (i.e., in the customer's best interest), free from misrepresentations, and consistent with the reasonable compensation standard.

There would be lawyers slobbering to get at class action lawsuits against financial institutions that clearly don't meet a reasonable standard of care.

If large technology companies with huge financial and human resources determine the standard of reasonable care that all of those publishers must adhere to, that will place undue expectations on smaller publishers.

Large publishers used as the standard for reasonable care One question that I've faced in legislative committee hearings on publisher liability bills is «why can't they make an algorithm for that?»

The Catholic Church doesn't want to pay extra to offer the standard and reasonable level of health care that the majority of American businesses are required to offer employees.

Midwife - led maternity units are unable to uphold a reasonable standard of care, with devastating consequences.

In most cases, we expect our doctors to provide a reasonable standard of care especially when it comes to birth - related matters.

This is often explained as the care a reasonable parent would exercise, taking account of the numbers, ages, abilities and any special educational and / or medical needs, and the usual standard of behaviour of the students, the location and the risks associated with the activity taking place.

To the fullest extent permitted by applicable law, the National Education Union expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

According to this duty of care, you are required to apply your education and acquired skills to safeguard pupils, demonstrating reasonable and careful professional standards while you are at work.

At trial the judge ruled that although the inspector had conducted the inspection in a professional, thorough and conscientious manner, he had still fallen short of meeting the standard of care that was expected of him — that of an ordinary, reasonable and prudent home inspector in the same circumstances.

Instead, broker - dealers provide services under the «suitability standard of care,» which generally requires only the broker - dealer's reasonable belief that any recommendation is suitable for the client.

Oklahoma and West Virginia both passed bills that enacted reasonable standards of care.

All clinical trial protocols are reviewed by two separate review boards to ensure that the studies are well - designed, risks are mitigated and there is a reasonable likelihood of a similar or better outcome compared to current standards of veterinary care.

This law, passed in 2010, put Delaware in the forefront of shelter standards in the country by ensuring that shelters provide proper veterinary care to animals, take reasonable steps to increase the likelihood of animal adoption, make it easier for owners to find lost pets, and address euthanasia procedures and methods.

(e) Any person making inspections under this section shall be trained by the commissioner in reasonable standards of animal care.

In fact, these documents may be useful in establishing the reasonable standard of care for the surgery.

In satisfying the standard, the fiduciary must exercise reasonable care, skill, and caution.

However, surgeons are still expected to provide the highest possible standard of care by using the correct techniques and taking all reasonable precautions to ensure that everything goes smoothly.

When talking about medical malpractice, standard of care typically means the degree of care that another reasonable medical professional, of the same degree and training, would have exercised in a similar situation.

The failure to exercise the requisite standard of care toward others which a reasonable or prudent person would exercise in the circumstances, or taking action that a reasonable person would not.

Medical malpractice can occur anytime a doctor fails to treat, or act in regards to, a patient in a manner that is reasonable and meets the standard of care.

The standard of care expected of employers in discharge of their duty is well established and in Stokes v GKN [1968] Mr Justice Swanwick set out the «overall test» for «the conduct of the reasonable and prudent employer.»

The criminal defendant could also sue the defense attorney for malpractice, but would only prevail if the criminal defendant could show the economic harm that resulted from the conviction and that the defense attorneys» conduct fell below the standard of care for a reasonable defense attorney.

Birmingham U.K. social services have successfully sought a civil injunction (balance of probabilities), to protect vulnerable teenagers in their care from sexual exploitation, where the evidence is unlikely to secure convictions on the criminal standard (beyond a reasonable doubt).

Section 3 prescribes an objective standard of reasonable care.

[23] Essentially, the claim alleges that as SIB's correspondent bank from the 1990s to 2009, TD failed to act in accordance with the standard of care applicable to a reasonable banker.

If a medical service provider fails to maintain a reasonable standard of care and a patient is injured as a result, malpractice may have occurred.

In states such as Texas, a reasonable standard of care must be met in order to protect invitees and licensees from experiencing harm or injury while on a landowner's property.

It is easier for medical mistakes to happen in this type of environment than in other medical settings; however, emergency room doctors and nurses may still be liable for medical malpractice if they fail to provide the same standard of care that a reasonable doctor or nurse would've provided under similar circumstances.

The important thing to remember is that your surgeon must be held to a reasonable standard of care.

When it comes to operating a vehicle, the standard of care requires drivers to use the same reasonable care and skill that a prudent motorist would use.

The standard of care for medical professionals is defined as the level of care that a reasonable person, in this case a doctor, would exercise in similar circumstances.

The medical standard of care is the same degree of care that a reasonable professional of the same training would exercise in a similar situation.

As the statute sets the standard of reasonable care.

Hospitals in the U.S. are required by the ADA to provide reasonable accommodations to the disabled and are also required by standards of medical practice to provide medical care in a manner recognized as adequate in the medical profession.

One has to establish, on the balance of probabilities, if the care fell below the standards and, on «Bolam principles», that no reasonable body of clinicians would have offered that standard of care.

In the case of R. v. Roy, the Supreme Court of Canada found that the trial judge erred in law by inferring from the fact that Roy had committed a dangerous act while driving that his conduct displayed a marked departure from the standard of care expected of a reasonable person in the circumstances.

An example would be where a driver of a vehicle lost control as the result of road maintenance which fell below a reasonable standard of care.

The law and juries may then consider that person contributorily negligent by not using a reasonable standard of care by failing to wear a helmet.

Put into its simplest terms, a duty of care refers to the legal obligation that a medical professional has to follow a certain standard of reasonable care during the course of their care for a patient.

Prove your doctor failed to provide the standard of care and she or he made a mistake a reasonable doctor would not have.

So it's a lack of reasonable care in electronic discovery context is the standard they apply there.

Second, it must be shown that the physician was negligent in some form by failing to adhere to the reasonable standard of care.

The reasonable care and diligence standard would make mistakes harder to get away with.

The standard is that a person exhibiting «reasonable care» would then know what the current procedure is.

The standard that is applied is whether a reasonable person exercising ordinary care would have been aware of the condition and fixed it or warned about it.

This includes proving that the party involved had a duty to act with a reasonable standard of care, that duty was violated, and that this violation resulted in an accident that caused injuries.