16. Damages for Personal Injury

2017 ◽  
Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant
Keyword(s):  
Medical Care ◽  
Personal Injury ◽  
Punitive Damages ◽  
Different Types ◽  
Compensatory Damages

The tortious infliction of injury to another person is remedied through the award of damages. This chapter discusses the different types of damages (compensatory damages, restitutionary damages, exemplary or punitive damages, aggravated damages, nominal damages, and contemptuous damages); lump sums and periodical payments; and damages for personal injury (non-pecuniary losses, loss of earnings, medical care, and deductions).

12. Damages

2019 ◽  
pp. 175-188
Author(s):  
Dr Karen Dyer
Keyword(s):  
Economic Loss ◽  
Personal Injury ◽  
Online Resources ◽  
Property Damage ◽  
Injury Death ◽  
Essential Information ◽  
Different Types

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the issue of damages, covering key debates, sample questions, diagram answer plan, tips for getting extra marks, and online resources. To answer questions on this topic, students need to understand the following: the primary purpose behind an award of damages; the different types of damages; the three principal types of damage for which a remedy may be available: personal injury (death and psychiatric harm included), property damage, economic loss; and how to calculate an award (in principle).

scholarly journals Punishing Tobacco Industry Misconduct: The Case for Exceeding a Single Digit Ratio Between Punitive and Compensatory Damages

2005 ◽  
Vol 67 (1) ◽  
Author(s):  
Sara D. Guardino ◽  
Richard A. Daynard
Keyword(s):  
Digit Ratio ◽  
Punitive Damages ◽  
State Farm ◽  
Single Digit ◽  
Knowing That ◽  
Large Numbers ◽  
Philip Morris ◽  
Compensatory Damages ◽  
Appeals Court ◽  
Smoking And Health

In State Farm v. Campbell, the U.S. Supreme Court announced that “few awards exceeding a single-digit ratio between punitive and compensatory damages” will be constitutional. Several appeals courts have mistaken this language to be a strict mandate prohibiting punitive damages awards in excess of nine times the compensatory damages amount. This trend, however, may be changing. For example, in one recent smoking and health case brought against Philip Morris, an Oregon appeals court allowed a punitive damages award that was almost 97 times the compensatory damages award. This decision was based on the court’s finding that Philip Morris “used fraudulent means to continue a highly profitable business knowing that, as a result, it would cause death and injury to large numbers of Oregonians.” This article proposes that such wrongdoing (or, “primary” reprehensibility) justifies high punitive damages awards in the context of smoking and health litigation.

26. Remedies

2018 ◽  
Author(s):  
Christian Witting
Keyword(s):  
Special Reference ◽  
Personal Injury ◽  
Basic Principles ◽  
Different Types ◽  
Judicial Remedies ◽  
Tort Claims

This chapter examines the basic principles of remedies for tort claims. The judicial remedies include damages and injunctions. This chapter discusses principles concerning the award of the different types of damages, which include nominal damages, aggravated damages, exemplary damages, and contemptuous damages. Special reference is made to the application of the principles in cases of death and personal injury.

Communication Themes of Patient Engagement for Multi-speciality Hospitals: Nurses’ Perspective

2019 ◽  
Vol 21 (4) ◽  
pp. 525-546
Author(s):  
Harbir Singh ◽  
Ajoy K. Dey ◽  
Arunaditya Sahay
Keyword(s):  
Emergency Department ◽  
Grounded Theory ◽  
Medical Care ◽  
Patient Engagement ◽  
Qualitative Case Study ◽  
Critical Role ◽  
Structured Interviews ◽  
Different Types

Introduction: Patient engagement is engaging patients in their own medical care to heal them faster and take their valuable inputs to improve the health of population. Nurses contribute significantly in treatment, interact and spend most of their time with inpatients. Therefore, exploring the perspectives of nurses on patient engagement-communication is of vital importance. Objective: This article focuses on exploring the communication themes of patient engagement from the perspective of nurses in a multi-speciality hospital in Delhi. Methodology: The exploratory qualitative case study was carried out with semi-structured interviews of 12 nurses, observation at receptions of ICUs and emergency department and analysis of documents from the hospital’s official website. Grounded theory—three-level coding—was performed to identify the themes of patient engagement-communication. Results: A total of nine themes have been identified: ‘attendant’s role’, ‘communicating with patients of different categories’, ‘doctor’s support to nurses’, ‘nurse action’, ‘nurse behaviour’, ‘nurse challenges’, ‘patient actions’, ‘patient emotions’ and ‘wider role of nurses’. Conclusion: Nurses play a critical role in engaging patients through communication. They should change their approach of communication with different types of patients, understand, respect and give due weightage to patient’s emotions and actions and, play a wider role of teacher and guardian than just being the nurse.

Compensatory Damage Awards for Nonphysical Personal Injuries: The Murphy Pendulum

2008 ◽  
Vol 6 (1) ◽  
pp. 43-61
Author(s):  
Dennis J. Gaffney ◽  
Maureen H. Smith-Gaffney ◽  
Richard P. Weber ◽  
Richard O. Davis
Keyword(s):  
Income Tax ◽  
Personal Injury ◽  
Damage Awards ◽  
Federal Income Tax ◽  
Judicial Proceedings ◽  
Gross Income ◽  
Compensatory Damages ◽  
Compensatory Damage Awards

The Murphy case involves the question of whether compensatory damage awards received for nonphysical personal injury are subject to the federal income tax. Such awards had been excluded from a taxpayer's gross income since 1918, but in 1996, Congress amended I.R.C. Sec. 104(a)(2) with the intention of taxing these awards. The taxpayer (Murphy) received an award for nonphysical personal injuries after the 1996 amendment and has argued in three judicial proceedings that, despite the amendment, her award is not taxable. This paper traces the path of the Murphy case through the IRS and the courts, discusses the income tax issues raised in the various forums, and makes recommendations to clarify and improve the federal income tax treatment of compensatory damages for nonphysical personal injury.

New Portable Chain Safety Protection Device

2013 ◽  
Vol 312 ◽  
pp. 757-761
Author(s):  
Guo Cui Song ◽  
Xin Zheng
Keyword(s):  
Remote Control ◽  
Control Device ◽  
Practical Significance ◽  
Personal Injury ◽  
Mechanical Equipment ◽  
Protection Device ◽  
Safety Protection ◽  
Different Types ◽  
Printing Machine

To avoid the beginners have suffered personal injury which operate the printing machines. This paper designs a new kind of portable chain safety protection device .It is a hand-held wireless secure remote control device which can make the printing machine stopping quickly within 200 meters when accidents happen. It not only can ensure the good quality of printing products, but also eliminate or reduce the influence on the personal injury and device safety. This type of device can also be applied to safety protection of different types of printing machine and other mechanical equipment. It has a vital and practical significance.

An Examination of the Legal Liability Associated with Outsourcing and Offshoring Audit Procedures

2012 ◽  
Vol 32 (2) ◽  
pp. 97-118 ◽  
Author(s):  
Alex Lyubimov ◽  
Vicky Arnold ◽  
Steve G. Sutton
Keyword(s):  
Professional Services ◽  
Punitive Damages ◽  
Litigation Risk ◽  
Accounting Firms ◽  
Audit Failure ◽  
Close Proximity ◽  
Compensatory Damages ◽  
Organizational Distance ◽  
Post Hoc ◽  
Main Effects

SUMMARY: Accounting firms have steadily increased the use of outsourcing and offshoring of professional services including independent audit procedures. While firms suggest that the work is of higher quality and similar litigation risk, questions remain as to whether public perceptions may be more negative. This paper examines liability associated with an audit failure when work is performed by another office of the same firm or outsourced to a separate firm, and whether the work is performed domestically or in another country. Results indicate main effects for outsourcing on compensatory damages and an interaction between outsourcing and offshoring on punitive damages. Surprisingly, jurors assess higher than expected litigation awards for a failure by another domestic office of the firm for punitive damages. This result suggests that the close proximity in terms of both geography and organizational distance of the domestic office of the firm leads jurors to find the audit failure less understandable. Post hoc analyses indicate that potential jurors perceive that work completed by another domestic office of the firm has the highest expected quality and lowest risk, while work that is outsourced offshore is expected to be lowest quality and highest risk—consistent with proximity theory.

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