Medical Malpractice Terms and Definitions

Assumption of risk In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger. 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. Arbitration A process for deciding a legal dispute out of court; a substitute for an ordinary trial. 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. 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. Comparative negligence The doctrine of comparing degrees of fault among the responsible parties. 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. 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. Elder Abuse Is any "physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering 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.

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

	Did You Know?
	Medical Misdiagnosis is a serious risk every time you go to the hospital. There are many ways that a medical misdiagnosis can present itself. Whether a doctor is at fault, or hospital staff, a misdiagnosis of a serious illness can have very extreme and harmful effects. The National Patient Safety Foundation cites that 42% of medical patients feel they have had experienced a medical error or missed diagnosis.