What is the test for establishing "plain error" in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from United States v. Afriyie, 929 F.3d 63 (2nd Cir. 2019):
2 "To establish plain error, the defendant must establish (1) error (2) that is plain and (3) affects substantial rights." United States v. Villafuerte , 502 F.3d 204, 209 (2d Cir. 2007).
3 We refer to both entities collectively as "MSD."
"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
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)
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)
What is the test for damages in the case of an inmate who alleges that he was denied access to medical records due to medical malpractice? (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 there any case law where a defendant admitted to making an error of plain error in making statements at trial? (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 test for establishing "official policy" 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)
What is the burden of establishing disability in a medical malpractice case? (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)
