Medical Malpractice Terms and Definitions

Cesarean Commonly referred to as "C-section". A surgical procedure in delivering the baby. Epidural (pain medicine) is given at this time, and an incision is made in the very low part of the woman's abdomen Anesthesia A large class of claims related to anesthesia has resulted from cases where the anesthesiologist or anesthetist did not take a complete medical history of angina, myocardial infarction, recent upper respiratory infection, and asthma. Causalgia Pain, usually burning, that is associated with autonomic changes -- change in color of the skin, change in temperature, change in sweating, swelling. Causalgia occurs after a nerve injury. Duty of Care Once a doctor or health care professional agrees to diagnose or treat a patient, he or she has assumed a duty of care toward that patient. Tort Liability The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery. Arbitration A process for deciding a legal dispute out of court; a substitute for an ordinary trial. Stipulation An agreement, admission or concession made in a judicial proceeding by the parties or their attorneys, thus relieving a party of its obligation to produce evidence in support of an argument or allegation. Medical lien The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided. Medical negligence Failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Those standards are based on what a reasonable person with the requisite knowledge and skills would or would not do. Medications Malpractice This category covers claims arising from inaccurate medication prescriptions, such as wrong medication or dosage level.

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

	Did You Know?
	Medical Misdiagnosis is a serious risk every time you go to the hospital. There are many ways that a medical misdiagnosis can present itself. Whether a doctor is at fault, or hospital staff, a misdiagnosis of a serious illness can have very extreme and harmful effects. The National Patient Safety Foundation cites that 42% of medical patients feel they have had experienced a medical error or missed diagnosis.