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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.
Assumption of risk
In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger.
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.
Economic damages
Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income.
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.
Arbitration panels
Many states have formed arbitration panels in order to resolve disputes between doctors and their patients.
Punitive damages
Damages awarded in addition to compensatory (economic and noneconomic) damages to punish a defendant for willful and wanton conduct.
Board-certified specialist
A physician who has successfully completed an ACGME-approved residency program or its equivalent in an American Board of Medical Specialties (ABMS)-recognized specialty and has been certified by an ABMS member board
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.
Subrogation
A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person.
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