What is the test for permissibility of a medical malpractice?
"New York", United States of America
The following excerpt is from People v. Scott, 473 N.E.2d 1, 483 N.Y.S.2d 649, 63 N.Y.2d 518 (N.Y. 1984):
The permissibility of a particular practice is a function of its "reasonableness," which is determined by balancing its intrusion on the Fourth Amendment interests of the individual involved against its promotion of legitimate governmental interests (People v. John BB., supra, 56 N.Y.2d, at p. 487, 453 N.Y.S.2d 158, 438 N.E.2d 864; United States v. Villamonte-Marquez, 462 U.S. 579, 103 S.Ct. 2573, 77
Page 652
"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 current state of the law on medical malpractice in the context of a medical opinion between a prisoner and prison medical authorities regarding treatment? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (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)
What is the test for permissive interpretation of the meaning of the word "permissive interpretation" in a medical malpractice case? (MultiRegion, United States of America)
Is there any case law in support of a claim that medical malpractice is a form of malpractice? (MultiRegion, United States of America)
What is the impact of medical malpractice on the medical profession? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
Is it a "rare" medical malpractice case in which no expert medical testimony is required? (MultiRegion, United States of America)
In a medical malpractice action, is a plaintiff entitled to damages intended to provide for future medical services? (MultiRegion, United States of America)
