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Glossary
Medical Malpractice
Core Doctrines terms within medical malpractice.
medical-malpractice
Medical battery is treatment performed without any consent, distinct from inadequate disclosure of risks.
A birth injury claim alleges that negligent obstetric or neonatal care caused harm to the mother or infant during pregnancy, labor, or delivery.
Breach of the standard of care is the failure to exercise the skill and knowledge a reasonably competent practitioner would apply.
Delayed diagnosis claims allege that a condition was identified later than competent care would have permitted.
Failure to diagnose is a malpractice claim alleging a provider did not identify a condition that a competent practitioner would have detected.
Fetal monitoring claims allege failure to recognize or respond to fetal heart rate patterns indicating distress.
Informed consent is the requirement that a provider disclose material risks and alternatives so a patient can make a knowing decision about treatment.
A lack of informed consent claim alleges the provider failed to disclose material risks before treatment.
Loss of chance is a doctrine allowing recovery when negligence reduced a patient's likelihood of a better outcome, even if that outcome was already unlikely.
Medical malpractice is a claim that a healthcare provider's departure from the accepted standard of care caused injury to a patient.
A medication error is a preventable mistake in prescribing, dispensing, or administering a drug that causes or risks patient harm.
Misdiagnosis claims allege that a provider identified the wrong condition, delaying correct treatment or causing unnecessary care.
A never event is a serious preventable occurrence that should not happen in properly functioning care delivery.
Res ipsa loquitur in medical cases permits an inference of negligence from an outcome that does not ordinarily occur without it.
A retained foreign object is an item left inside a patient after surgery, a classic res ipsa scenario.
The standard of care is the level of skill and diligence a reasonably competent practitioner would exercise under similar circumstances.
Surgical error claims allege negligence in the performance of an operative procedure.
A wrongful birth claim is brought by parents alleging negligence deprived them of the choice to avoid or terminate a pregnancy.
A wrongful life claim is brought on behalf of a child alleging they should not have been born, and is rejected in most states.
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