Medical Malpractice Terms and Definitions

Arbitration A process for deciding a legal dispute out of court; a substitute for an ordinary trial. Allodynia When pain is caused by something that does not normally cause pain (such as clothing touching the skin). Medical lien The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided. Punitive damages Damages awarded in addition to compensatory (economic and noneconomic) damages to punish a defendant for willful and wanton conduct. Economic damages Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income. Proximate Cause Proximate cause is defined legally as a cause which, in a natural and continuous sequence, unbroken by any intervening event, produces injury, and without which, the injury would not have occurred. Fibromyalgia A pain disorder in which a person feels widespread pain and stiffness in the muscles, fatigue, and other symptoms. 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. Miscarriage When circumstances cause the mother's body to react to a problem in the pregnancy. This may cause bleeding, cramping, and will ultimately cause the loss of the pregnancy. Res ipsa loquitur The use of res ipsa loquitur should be prohibited in medical malpractice cases because under this doctrine the mere fact that the injury occurs means that the defendant was negligent, although it is not all the time.

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

	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.