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Medical Malpractice

Chap 6 Medical Malpractice lawsuit and trial process

TermDefinition
Affirmative defense defense strategy that allows the defendant to present the argument that the patients condition was the result of factors other than negligence
Alternative Dispute Resolution (ADR( Procedure for settling disputes by means other than litigation
Arbitration process of resolving a dispute outside the courts with a person assigned by the court to mediate a civil suit and then decide the outcome of the dispute
Assumption of risk legal defense that asserts that the plaintiff was aware of risks and accepted the risks associated with the activity
Comparative Neglect Legal defense that proves the plaintiffs own actions or lack of action contributed to the damages
Compensatory Damages Amount awarded to the plaintiff in a court case to reimburse the plaintiff for loss of income or pain and suffering
Consent Acknowledgement of a person regarding the risks and alternatives involved in a treatment as well as giving permission for the treatment performed
Contributory Negligence Defense strategy that allows the defendant to present the argument that the patients condition was the result of factors other than negligence on the defendants part
Damages Actual injury or loss suffered by a defendant in a suit
Defensive Medicine Practice of ordering unnecessary tests, treatments and other procedures to protect against medical malpractice
Denial Legal Assertion of innocence
Dereliction Neglect of ones duty
Direct Cause the correspondence between the dereliction of duty and the actual damaged sustained by plaintiff
Discovery Rule Law that states the statute of limitations does not begin until the discovery of the diagnosis or injury
Duty in a malpractice suit proof of responsibility of the parties involved
Good Samaritan Law law providing immunity for those who render healthcare in an emergency disaster without reimbursement
Informed Consent Same as consent
Liable having legal responsibilities for ones own actions
litigious highly inclined or prone to engage in lawsuits to settle disputes
Malfeasance performance of an illegal act
Malpractice failure of a professional to meet the standard of conduct
Mediation process by which a neutral third party who is trained in mediation techniques facilitates and assists the dispute
Misfeasance Poor performance of a duty or action causing damage
Negligence failure to use such care as a reasonably prudent and careful person would use
Nominal Damages Small payment or award given by the court
Nonfeasance failure to perform an action when needed
Punitive Damages award granted by the courts to punish the defendant for damages done based on malicious intent
Release of tortfeasor Law that asserts that once the person causing damage is released from further liability in a previous suits settlement he or she cannot be held liable in a subsequent suit
Res ipsa loquitur clear evidence of negligence and that there is no possible way that the plaintiff could have effected a different outcome
Res Judicata law that forbids suing a subsequent time for the same damages once a case has been resolved
Respondeat superior legal doctrine stating that in many circumstances an employer is responsible for the actions of employees performed within the course of their employment
Settlement legal agreement that is reached between two parties in a civil matter
Statute of Limitations Defense against a tort action, requires that a claim be filed within a certain amount of time
tort Civil wrong that results in injury to anothers property
Created by: Scarlet.loveless
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