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Simple English definitions for legal terms

common-knowledge exception

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A quick definition of common-knowledge exception:

The common-knowledge exception is a rule that allows regular people to testify about simple medical procedures in a medical-malpractice case. This exception is only used in some places and is a small exception to the usual rule that an expert must testify to prove negligence in a medical-malpractice case.

A more thorough explanation:

The common-knowledge exception is a legal principle that allows non-expert witnesses to testify about routine or simple medical procedures in a medical malpractice case. This exception is a narrow one, and it only applies in some jurisdictions where a plaintiff is not required to present expert testimony to prove negligence.

For example, if a patient goes to a doctor for a routine check-up and the doctor fails to diagnose a common condition, such as high blood pressure, the patient may be able to use the common-knowledge exception to prove negligence. In this case, the patient could call a witness who has personal experience with high blood pressure and can testify that the doctor should have recognized the symptoms and made a diagnosis.

Another example of the common-knowledge exception is when a patient is given the wrong medication by a nurse. If the medication is a common one that most people are familiar with, such as aspirin, the patient may be able to use the common-knowledge exception to prove negligence. In this case, the patient could call a witness who has personal experience with aspirin and can testify that the nurse should have recognized the mistake and corrected it.

Overall, the common-knowledge exception is a useful tool for plaintiffs in medical malpractice cases who may not have access to expert witnesses. However, it is important to note that this exception is limited and may not apply in all cases.

common knowledge | common-law malice

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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