What is the test for a plaintiff to bring a claim for damages against defendants in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Bethlehem Shipbuilding Corporation v. Nylander, 14 F. Supp. 201 (S.D. Cal. 1936):
Of interest is the following statement from Pierce v. Society of Sisters, 268 U.S. 510, 536, 45 S.Ct. 571, 574, 69 L.Ed. 1070, 39 A.L.R. 468: "The suits were not premature: `The injury to appellees was present and very real, not a mere possibility in the remote future. If no relief had been possible prior to the effective
[14 F. Supp. 207]
date of the act, the injury would have become irreparable.'" This case was cited by complainant to the point that his complaint is not premature, a point as to which I hold no difference of opinion so far as it refers to the named defendants. The action, however, must be against the parties whose acts will cause the trouble. The case is in accord.[14 F. Supp. 207]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a court to determine whether a plaintiff has jurisdiction to bring a claim for damages against a defendant who is also a defendant in a civil case? (MultiRegion, United States of America)
Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
Can a plaintiff claim damages for emotional distress in a medical malpractice case? (MultiRegion, United States of America)
What is the test for a plaintiff to invoke federal jurisdiction in a claim for damages arising out of a medical malpractice case? (MultiRegion, United States of America)
How much time is a plaintiff required to present a claim for damages in a medical malpractice case? (MultiRegion, United States of America)
What is the test for a plaintiff to bring a claim against a health and social services provider for failing to provide adequate medical and dental care in the context of medical malpractice? (MultiRegion, United States of America)
What is the test for a plaintiff to recover damages from a defendant in a medical malpractice case? (MultiRegion, United States of America)
How have the courts interpreted the findings of a federal court in a case brought by a plaintiff in a medical malpractice case? (MultiRegion, United States of America)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
In what circumstances will a plaintiff be able to bring a claim for damages under Section 1983 of the Criminal Code for failing to provide a supply of prescription medication? (MultiRegion, United States of America)
