Public Health Law Map - Beta 5 - Medical and Public Health Law Site

Joint and Several
Liability
notwithstanding the verdict by the
jury in favor of the other party. A
court only orders a JNOV when the
jury’s findings contradict the clear
evidence in the case.
When several persons share
responsibility for another’s injury,
they are each liable for the full
amount of the damages, irrespective
of their percentage of fault. This
becomes a problem when one or
more of the defendants are
underinsured or are insolvent. Many
states have abolished joint and
several liability in medical
malpractice lawsuits. This increases
the pressure on plaintiffs to sue
everyone who had any part in the
patient’s care.
Joint Commission Joint Commission on Accreditation
of Healthcare Organizations.
Judgment The court’s official decision in a
legal case. The judgment in a case
establishes what damages, if any,
must be paid, and the legal
responsibilities of all the parties in
the lawsuit.
Jurisdiction Jurisdiction over the subject matter
of a claim is the power of a court to
hear the case and bind the parties.
There are monetary, geographic, and
political limits on jurisdiction.
Laches A defense in which the defendant
claims that the plaintiff waited so
long in bringing the complaint that it
would be unjust to allow the case to
go to trial. The laches defense is
important in claims that have no
clear statute of limitations.
Learned
Intermediary
This is a doctrine that modifies the
strict liability (products liability)
that usually accompanies injuries due
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