If you have suffered injuries at the hands of a negligent doctor or medical professional, there is a good chance that you are seeking compensation through a medical malpractice lawsuit. Being familiar with common terms that come up during these kinds of legal proceedings can give you confidence and help you communicate with your lawyer.
Assumption of Risk - The defendant alleges that the plaintiff is negligent because he or she knew the risks of a particular action.
Misdiagnosis - The negligent act of a medical professional who does not diagnose an illness or injury correctly. This professional did not evaluate the patient’s symptoms properly, arrange the correct tests, or make the correct referral to a specialist.
Case Law - Law that is dependent on prior cases made in appellate courts.
Civil - A dispute that does not involve criminal matters. Civil cases include tenant and landlord disputes, family arguments, contractual breaches, and debt collections.
Civil Lawsuit - A lawsuit that does not involve a crime.
Collateral Source Rule - If the injured plaintiff receives compensation from an insurance company, the court cannot reduce the amount obtained in a judgment. The lawyer does not have to mention that the plaintiff receives compensation from other sources.
Comparative Negligence - The process of comparing the degrees of negligence among individuals or companies.
Contingency Fee - A fee that the plaintiff and lawyer agree to mutually. The lawyer receives a certain percentage of the judgment that is awarded to the plaintiff.
Cross-Examination - A witness interrogation made by the opposing party during a courtroom session.
Damages - Financial compensation given to a person who has suffered bodily injuries or property damages because of another person’s negligence.
Default - When neither the plaintiff nor defendant file the correct documents or show up in court.
Dismemberment - The loss of limb or eyesight.
CT Scan - A common medical exam that produces X-ray images of internal body parts. Doctors need it to check for abnormalities and prevent the development of serious medical conditions.
Established Customary Standard of Care - The acceptable level of care that a typical doctor gives a patient who seeks medical attention for specific symptoms and problems.
There are certain words that you should pick up on as you pursue a medical malpractice case. When you gain basic knowledge about the legal system, you never get left behind at any point during the process. Also, a lawyer likes a client who is interested and proactive in these matters.
