- Breach of Duty: This occurs when a healthcare provider fails to meet the accepted “standard of care.” In other words, they acted negligently.
- Causation: In a medical malpractice case, “causation” means proving that the healthcare provider’s negligence directly caused the patient’s injury.
- Damages: These are the losses suffered by the patient as a result of the medical malpractice. They can include:
- Economic Damages: Financial losses like medical bills, lost wages, and future earning capacity.
- Non-Economic Damages: Intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: Damages intended to punish the defendant for extremely reckless behavior.
- Duty of Care: A legal obligation that healthcare providers have to provide competent and skillful medical care to their patients.
- Informed Consent: The process of a patient agreeing to a medical procedure or treatment after being fully informed of the risks, benefits, and alternatives.
- Medical Negligence: Failure by a healthcare professional to provide care that meets the accepted standard of care, resulting in harm to the patient. Often used interchangeably with Medical Malpractice.
- Standard of Care: The level of care that a reasonably competent healthcare professional with similar training and experience would provide in similar circumstances.
- Statute of Limitations: The legal time limit within which a patient must file a medical malpractice lawsuit. This varies by state.
- Expert Witness: A medical professional who provides testimony in a medical malpractice case, offering their opinion on the standard of care and whether it was breached.
- Tort: A civil wrong that causes harm or injury, leading to legal liability. Medical malpractice falls under tort law.
- Wrongful Death: A death caused by the negligence or misconduct of another person or entity. In medical malpractice, this refers to a death caused by medical negligence.
Legal terminology can be complex, and this glossary is for informational purposes only. It is essential to consult with a qualified Atlanta medical malpractice lawyer for legal advice specific to your situation.