Medical Malpractice Terms and Definitions

Collateral source rule Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources. Allodynia When pain is caused by something that does not normally cause pain (such as clothing touching the skin). 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. 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. Medications Malpractice This category covers claims arising from inaccurate medication prescriptions, such as wrong medication or dosage level. 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). Surgical Error Surgical errors may occur in any kind of medical procedure involving intrusive and non-intrusive surgery. Even the simplest of cosmetic surgical procedures may result in a surgical error. Statute of limitations A statute specifying the period of time after the occurrence of an injury--or, in some cases, after the discovery of the injury or of its cause--during which any suit must be filed. Proximate Cause Proximate cause is defined legally as a cause which, in a natural and continuous sequence, unbroken by any intervening event, produces injury, and without which, the injury would not have occurred. Joint-and-several liability Liability in which each liable party is individually responsible for the entire obligation. Under joint-and-several liability, a plaintiff may choose to seek full damages from all, some, or any one of the parties alleged to have committed the injury.

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

	Did You Know?
	You still have rights even if you signed a consent form A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.