Medical Malpractice Terms and Definitions

Informed Consent Is the process by which fully informed patients can participate in choices about Their healthcare. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care. Res ipsa loquitur The use of res ipsa loquitur should be prohibited in medical malpractice cases because under this doctrine the mere fact that the injury occurs means that the defendant was negligent, although it is not all the time. Arbitration A process for deciding a legal dispute out of court; a substitute for an ordinary trial. Miscarriage When circumstances cause the mother's body to react to a problem in the pregnancy. This may cause bleeding, cramping, and will ultimately cause the loss of the pregnancy. Plaintiff The party who initiates a legal action; in a personal injury lawsuit, the person who alleges that he or she has suffered monetary damages due the negligence of another party. Negligence Failure to exercise that degree of care that a reasonable person would exercise under the same circumstances. When that failure causes another person to suffer an injury or financial loss, that person may be entitled to just compensation through our civil justice system. Interrogatories A form of discovery in which one party submits a series of written questions to the other party, and to which the latter is bound to answer under oath. Discovery The pre-trial process, such as a deposition, by which one party discovers the evidence that will be relied upon at trial by the opposing party. Cleft Lip and Cleft Palate A cleft is a separation in a body structure. Clefts that occur in the oral-facial region often involve the lip, the roof of the mouth (hard palate) or the soft tissue in the back of the mouth (soft palate). Noneconomic damages Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately.

Please contact us if anyone you know has suffered from debilitating injuries due to medical malpractice in Vermont.

	Did You Know?
	Cosmetic surgery malpractice is a common occurrence Negligence happens when ill-equipped medical practitioners, like doctors, nurses, anesthesiologists, and other healthcare professionals carry out such relatively simple cosmetic procedures like botox injections and forehead lifts. Negligence of this kind is criminal. It can happen to anyone.