Medical Malpractice Terms and Definitions

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. 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. 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. Confidentiality The principle that prohibits physicians from disclosing confidential comments made to them by patients unless required to do so by law. The law may require physicians to violate patient confidentiality if the patient poses a serious threat to his or her own health and the well-being or that of others. 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. Medications Malpractice This category covers claims arising from inaccurate medication prescriptions, such as wrong medication or dosage level. Hearing loss Hearing loss is one of the most common birth defects; about 3-4 in 1,000 newborns have significant hearing impairment. Hearing loss that is present at birth is called congenital hearing loss. Hearing loss can be inherited (genetic) or can be caused by illness or injury. Delirium A disturbance of the brain function that causes confusion and changes in alertness, attention, thinking and reasoning, memory, emotions, sleeping patterns and coordination. 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. Terminal sedation Terminal sedation is the use of high doses of sedatives to relieve extremes of physical distress. Its purpose is to render the patient unconscious to relieve suffering until the patient dies from his or her disease processes and their complications.

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

	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.