Medical Malpractice Terms and Definitions

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. Terminal sedation Terminal sedation is the use of high doses of sedatives to relieve extremes of physical distress. Its purpose is to render the patient unconscious to relieve suffering until the patient dies from his or her disease processes and their complications. 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. Spinal cord abscess Spinal cord abscess is a disorder characterized by inflammation and a collection of infected material (pus) around the spinal cord. Discovery The pre-trial process, such as a deposition, by which one party discovers the evidence that will be relied upon at trial by the opposing party. Comparative negligence The doctrine of comparing degrees of fault among the responsible parties. 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. 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 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. 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 Iowa.

	Did You Know?
	Drug-switching practices happen and are very dangerous Another public-spirited drug giant, Merck, was forced to pay a settlement of $1.9 million to 17 states in 1995 for drug-switching practices involving its Medco subsidiary. Medco pharmacists, who had given excessively favorable treatment to Merck products, were thereafter required to reveal their Merck connection to their customers.