Medical Malpractice Terms and Definitions

Negligence Failure to exercise that degree of care that a reasonable person would exercise under the same circumstances. When that failure causes another person to suffer an injury or financial loss, that person may be entitled to just compensation through our civil justice system. Hearing loss Hearing loss is one of the most common birth defects; about 3-4 in 1,000 newborns have significant hearing impairment. Hearing loss that is present at birth is called congenital hearing loss. Hearing loss can be inherited (genetic) or can be caused by illness or injury. Assumption of risk In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger. Board-certified specialist A physician who has successfully completed an ACGME-approved residency program or its equivalent in an American Board of Medical Specialties (ABMS)-recognized specialty and has been certified by an ABMS member board 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. Comparative negligence The doctrine of comparing degrees of fault among the responsible parties. 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. Elder Abuse Is any "physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering Acute Pain Pain that has a known cause and occurs for a limited time. Acute pain usually responds to treatment with analgesic medications and treatment of the cause of the pain. Fibromyalgia A pain disorder in which a person feels widespread pain and stiffness in the muscles, fatigue, and other symptoms.

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

	Did You Know?
	Medical Misdiagnosis is a serious risk every time you go to the hospital. There are many ways that a medical misdiagnosis can present itself. Whether a doctor is at fault, or hospital staff, a misdiagnosis of a serious illness can have very extreme and harmful effects. The National Patient Safety Foundation cites that 42% of medical patients feel they have had experienced a medical error or missed diagnosis.