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

damages, injunctions, and ordering
the parties to carry out specific
actions.
Remittitur A judge may decrease the amount of
a jury award if the amount is clearly
unjust. Many of the large jury
verdicts reported in the news and in
jury verdict reports are reduced,
often substantially. The plaintiff may
either accept the reduced award or
retry the case.
Res Ipsa Loquitur A legal presumption against a
defendant who had exclusive control
of the instrument causing the harm
when the harm suffered would not
ordinarily occur without negligence.
Res ipsa loquitur allows a plaintiff to
make a claim when no one knows
how the injury occurred. A surgery
patient who wakes up with a
dislocated shoulder can claim that
although no one knows how the
injury occurred, it must have been
due to someone’s negligence. Many
states have limited the use of res ipsa
loquitur in medical malpractice
litigation.
Res Judicata A rule that a final judgment on the
merits of a case precludes any further
litigation on the issues decided.
Respondeat Superior An employer or supervisor of a
person who is not an independent
contractor is liable for the actions of
that person. In some cases this
vicarious liability extends to
intentional acts such as sexual
assault.
Respondent The party who argues against a
petition or appeal.
Restraining Order A court order forbidding a threatened
or imminent act until a hearing on
the proposed act can be held.
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