If you are not part of the legal field, the words alone can be overwhelming. If you find yourself in a medical malpractice case, the last thing you want to be doing is translating everything that is said. It is important that before you enter your case, you have a general idea of some of the words that might cross your path.
A statement of action made in the case.
This will be whatever you are trying to prove. Essentially it is a summary of the wrongdoing. For example, in your medical malpractice case, you may make the statement that the doctor caused your condition to worsen by failing to take the right precautions in surgery. This would be the allegation, and the goal would be to provide the evidence to prove this allegation correct.
Resolving a case outside of the court by presenting it to an unbiased third party.
In a case that involves arbitration, both parties will hand the case over to a third party with no relation or bias in the case. This person will make a decision, and this decision may or may not be final. The main goal of this type of case is to provide an alternative to court action.
Assumption of Risks
A defense against a claim in which a defendant can prove that the plaintiff assumed the risk of the potential danger both voluntarily and knowingly.
In medical malpractice, this is common in surgeries. Many times a doctor will clearly lay out the risks of the surgery. Because of this, you are assuming these risks when you enter the operating room. However, if you are not warned of the possible risks, or if different complications arise because of a mistake in the surgery, this will likely no longer be considered a valid defense.
The fault of both parties in an accident is compared in order to determine the amount of money each side will be awarded or responsible for.
In a medical malpractice case, comparative fault might seem unusual. Why should a victim of a medical malpractice case be held liable for her own injuries? However, there are cases in which the fault can be split between the medical professional and the patient. A common example of this would be if the patient provides false medical history. A doctor cannot be held fully liable for a complication in a surgery if he was not made aware of a past health issue that played a role in the complication.
A legal right to someone else’s assets.
In a medical case this would look slightly different than many other civil cases. A medical lien is the right of a healthcare provider to assert a form of interest in the recovery of a personal injury to the extent of the cost of the treatment that is provided. For example, if you are injured because of a medical mistake and you are looking to file a medical malpractice suit, anyone involved in your healing or treatment from the mistake may be entitled to a portion of your compensation. This could involve the hospital of treatment and even the payout of medical insurance companies.
If you run into more legal terms that you do not recognize or understand, be sure to visit our legal glossary for more definitions
Help from an Indiana Medical Malpractice Lawyer
No matter how many legal terms you learn, medical malpractice cases can be incredibly complex. If you’ve been injured due to medical malpractice, Hensley Legal Group can help. Call us today or contact us online for a free consultation.