Medical Malpractice Terms and Definitions

Statute of limitations A statute specifying the period of time after the occurrence of an injury--or, in some cases, after the discovery of the injury or of its cause--during which any suit must be filed. Obstetrics Prenatal care requires collecting, tracking and analyzing a complex series of clinical data collected over several prenatal visits. Cystic Fibrosis Cystic fibrosis (CF) is an inherited disease that most commonly affects breathing and digestion. Advances in medical treatment continue to improve the outlook for affected children and adults. However, there is no cure Tort Liability The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery. Trigeminal Neuralgia A disorder of the trigeminal nerve that causes brief attacks of severe pain in the lips, cheeks, gums, or chin on one side of the face. Cleft Lip and Cleft Palate A cleft is a separation in a body structure. Clefts that occur in the oral-facial region often involve the lip, the roof of the mouth (hard palate) or the soft tissue in the back of the mouth (soft palate). Medical negligence Failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Those standards are based on what a reasonable person with the requisite knowledge and skills would or would not do. Arbitration A process for deciding a legal dispute out of court; a substitute for an ordinary trial. 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. Duty of Care Once a doctor or health care professional agrees to diagnose or treat a patient, he or she has assumed a duty of care toward that patient.

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

	Did You Know?
	Patients die in hospitals and in care from negligence Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical errors, the Institute of Medicine found.