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Plaintiff
The party who initiates a legal action; in a personal injury lawsuit, the person who alleges that he or she has suffered monetary damages due the negligence of another party.
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.
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.
Medical lien
The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided.
Spinal cord abscess
Spinal cord abscess is a disorder characterized by inflammation and a collection of infected material (pus) around the spinal cord.
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.
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.
Noneconomic damages
Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately.
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.
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