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Glossary
Medical Malpractice
Procedural Requirements terms within medical malpractice.
medical-malpractice
An affidavit of merit is a sworn statement from a qualified expert, required in many states, confirming that a professional negligence claim has a...
The continuous treatment doctrine tolls limitations while the provider continues treating the condition at issue.
A medical malpractice damages cap is a statutory limit on recoverable damages in malpractice claims, usually applied to non-economic losses.
An expert affidavit requirement conditions filing a malpractice claim on a qualified expert attesting the claim has merit.
The foreign object exception extends the limitations period for claims involving items left inside a patient.
A medical review panel evaluates malpractice claims before suit under state statutory schemes.
Minor tolling in medical claims extends the filing period for injuries to children, subject to state-specific caps.
A periodic payment statute permits or requires future damages in a medical judgment to be paid over time rather than as a lump sum.
Pre-suit notice is a statutory requirement in many states that a malpractice claimant notify providers before filing, often triggering an investigation...
A pre-suit screening panel reviews a medical claim before litigation, producing a non-binding opinion on merit.
Qualified immunity for providers shields certain healthcare workers from liability under defined statutory conditions.
Medical malpractice limitations periods are frequently shorter than general tort periods and carry specific accrual rules.
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