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Chapter 6
Defenses out of liability suits
Term | Definition |
---|---|
Denial | A defense that claims innocence of the charges or that one or more of the four D's of negligence are lagging. |
Affirmative defenses | Defenses used by the defendants in medical professional liability suits that allows the accused to present factual evidence that the patients condition was caused by some factor other than the defendants negligence |
Contributory negligence | An affirmative offense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury |
Comparative negligence | An affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree |
Assumption of risk | A legal defense that holds that the defendant is not guilty |