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damages

damages
【法律】 赔偿损失;赔偿金

Definitions

[dam′ijəs] Etymology: L, damnum, loss Etymology: L, damnum, loss (in law) a sum of money awarded to a plaintiff by a court as compensation for any loss, detriment, or injury to the plaintiff's person, property, or rights caused by the malfeasance or negligence of the defendant. Actual damages are awarded to reimburse the plaintiff for the loss or injury sustained. Nominal damages are awarded to show that a legal wrong has been committed although no recoverable loss can be determined. Punitive damages exceed the actual cost of injury or damage and are awarded when the defendant has acted with malice or reckless disregard of the plaintiff's rights. (in law) a sum of money awarded to a plaintiff by a court as compensation for any loss, detriment, or injury to the plaintiff's person, property, or rights caused by the malfeasance or negligence of the defendant. Actual damages are awarded to reimburse the plaintiff for the loss or injury sustained. Nominal damages are awarded to show that a legal wrong has been committed although no recoverable loss can be determined. Punitive damages exceed the actual cost of injury or damage and are awarded when the defendant has acted with malice or reckless disregard of the plaintiff's rights.
Negligence, required elements   Duty A recognized relationship between Pt and physician Breach Failure of a medical practitioner to practice in accordance with standard of care Proximate cause The plaintiff must show that injury is reasonably connected to physician's action Damages Plaintiff must show that alleged loss or damage has a quantifiable value such that a monetary payment can be made APLM 1997; 121:252





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