Sentences with phrase «treated as negligence»

In most cases, car accidents are treated as negligence cases.

Vets may even be able to report an owner's refusal to treat as negligence, and have their animal taken away.

Not exact matches

The Appeals Court noted plaintiff's claims for negligence and for informed consent were based on the same facts, and held there can not be a second cause of action of informed consent based upon the same facts as negligence for failure to diagnose and treat.

According to section 30 of the Health Insurance Act, R.S.O. 1990, c. H. 6, as amended, OHIP is entitled to seek reimbursement for costs incurred or future costs to be incurred to treat your injuries caused by the negligence or wrongdoing of another.

As a society, we have traditionally looked to our healthcare professionals to diagnose and treat our ailments, from minor aches and pains to major, life - threatening conditions The existence of lawyers who specialise in clinical negligence, from both a claimant and defendant perspective, is a reminder of the industry that has grown up around litigation in this area.

If you have been injured as a result of medical negligence, the first thing you have to do is to formally complain to the healthcare provider who treated you.

The first thing to do if you've been injured as a result of medical negligence is to make a formal complaint to the healthcare provider who treated you.

Unfortunately, negligence can occur in the form of either poor treatment, such as a failure to administer the correct medication properly, or a failure to treat your condition at all despite a diagnosis being provided.

Based on a negligence investigation the patient will then go away, and feel reassured that they have had their definite investigation i.e., a colonoscopy which was negative; they will then treat the patient for a different condition, such as Irritable Bowel Syndrome (IBS), which causes similar symptoms as bowel cancer.

Such negligence may occur through a failure to properly monitor the vital signs of the mother and fetus, to timely and adequately respond to fetal distress, or to diagnose and treat maternal infections, such as rubella, during pregnancy.

If you believe you've been treated negligently by a professional advisor and lost out financially as a result, you may be able to make a claim for professional negligence.

On its face, the HPRB's decision defines a «matter» which must be investigated and disposed of by an inquiry committee expansively enough to capture not only isolated incidents of negligence or incompetent provision of professional services, but also issues such as overbilling that many professional regulatory bodies treat as outside their jurisdiction.

This decision does not require that a college treat professional negligence as equivalent to professional misconduct.

(In negligence law, past events are treated as as certainties once held probable.)

For a time, the failure to issue a written legal hold was treated as per se gross negligence.

The hospital was named as a party defendant under the theory of vicarious liability for the alleged negligence of Mizyed's treating physicians.

The law treats intentional torts more severely, for example by not limiting the scope of damages in the same way as in a negligence case.

The trustees» subsequent discovery of the unlawfulness of the transfers was treated by the judge — applying Bradstock Trustee Services Ltd v Nabarro Nathanson (a firm)[1995] 4 All ER 888 with the apparent assistance of a concession by the claimant's counsel — as the discovery that the facts which they already knew gave rise to a negligence claim and that, by virtue of LA 1980, s 14A (9), this is excluded from the definition of knowledge required for the occurrence of the starting date under LA 1980, s 14A.

``... where the negligence consists in the very failure by the professional defendant to advise the lay claimant of that consequence, the proposition that the claimant should nonetheless be treated as having knowledge of that consequence for limitation purposes (when his very complaint is that he should have been but was not told it by the defendant) is almost absurd.

Staff are hesitant about giving any form of evidence — partly as they are busy people, partly as they deal with hundreds of individuals and recollections may therefore be foggy, but to an extent no doubt from a fear of being somehow implicated in a negligence action against them or the hospital if they were seen to have treated a patient improperly or without informed consent.

The buyer sued the appraiser for negligence, saying that an addition should have been treated as a separate area, rather than as a bedroom.