Medical Malpractice Terms and Definitions

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. Achondroplasia Achondroplasia is a genetic disorder of bone growth that is evident at birth. It affects about one in every 25,000 births and it occurs in all races and in both sexes. Its depiction in ancient Egyptian art makes it one of the oldest recorded birth defects. 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. 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. Medical Practice Act A statute of a US state or jurisdiction that outlines the scope of practice for physicians and the responsibility of the medical board to regulate that practice. The primary responsibility and obligation of a state medical board is to protect the public through proper licensing and regulation of physicians and, in some jurisdictions, other health care professionals. 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 Arbitration A process for deciding a legal dispute out of court; a substitute for an ordinary trial. 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. 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. Spinal cord abscess Spinal cord abscess is a disorder characterized by inflammation and a collection of infected material (pus) around the spinal cord.

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

	Did You Know?
	Drug-switching practices happen and are very dangerous Another public-spirited drug giant, Merck, was forced to pay a settlement of $1.9 million to 17 states in 1995 for drug-switching practices involving its Medco subsidiary. Medco pharmacists, who had given excessively favorable treatment to Merck products, were thereafter required to reveal their Merck connection to their customers.