Medical Malpractice Terms and Definitions

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. 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. Discovery The pre-trial process, such as a deposition, by which one party discovers the evidence that will be relied upon at trial by the opposing party. Trigeminal Neuralgia A disorder of the trigeminal nerve that causes brief attacks of severe pain in the lips, cheeks, gums, or chin on one side of the face. 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. Cerebral Palsy Cerebral palsy refers to a group of conditions that affect control of movement and posture. Because of damage to one or more parts of the brain that control movement, an affected child cannot move his or her muscles normally. While symptoms range from mild to severe, the condition does not get worse as the child gets older. 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. 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. Informed Consent Is the process by which fully informed patients can participate in choices about Their healthcare. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care. Interrogatories A form of discovery in which one party submits a series of written questions to the other party, and to which the latter is bound to answer under oath.

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

	Did You Know?
	Sexual abuse is a form a medical malpractice Sexual abuse of or sexual misconduct with a patient is also a serious issue. Six to ten percent of psychiatrists surveyed confessed to having engaged in sexual contact with a patient and in a longitudinal study.