Medical Malpractice Terms and Definitions

Delirium A disturbance of the brain function that causes confusion and changes in alertness, attention, thinking and reasoning, memory, emotions, sleeping patterns and coordination. 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. 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. 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. Hearing loss Hearing loss is one of the most common birth defects; about 3-4 in 1,000 newborns have significant hearing impairment. Hearing loss that is present at birth is called congenital hearing loss. Hearing loss can be inherited (genetic) or can be caused by illness or injury. 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. Causalgia Pain, usually burning, that is associated with autonomic changes -- change in color of the skin, change in temperature, change in sweating, swelling. Causalgia occurs after a nerve injury. Punitive damages Damages awarded in addition to compensatory (economic and noneconomic) damages to punish a defendant for willful and wanton conduct. 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. Affidavit A voluntary statement or declaration of facts that has been written down and confirmed under oath.

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

	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.