Medical Malpractice Terms and Definitions

Palliative Care The total care of patients with progressive, incurable illness. In palliative care, the focus of care is on quality of life. Control of pain and other physical symptoms, and psychological, social and spiritual problems is considered most important. 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. 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. 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. 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. 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. 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. 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. Acute Pain Pain that has a known cause and occurs for a limited time. Acute pain usually responds to treatment with analgesic medications and treatment of the cause of the pain.

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

	Did You Know?
	Many people don’t know what expenses are typically included in a settlement A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by State.