Medical Malpractice Terms and Definitions

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. Medical Treatment Lawsuits related to medical treatment are triggered by a number of causes, including failure to select the correct treatment or to monitor or follow up on the patient's condition. 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. Obstetrics Prenatal care requires collecting, tracking and analyzing a complex series of clinical data collected over several prenatal visits. 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. Palliative Care The total care of patients with progressive, incurable illness. In palliative care, the focus of care is on quality of life. Control of pain and other physical symptoms, and psychological, social and spiritual problems is considered most important. 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. 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. Joint-and-several liability Liability in which each liable party is individually responsible for the entire obligation. Under joint-and-several liability, a plaintiff may choose to seek full damages from all, some, or any one of the parties alleged to have committed the injury. 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

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

	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.