Medical Malpractice Terms and Definitions

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. Punitive damages Damages awarded in addition to compensatory (economic and noneconomic) damages to punish a defendant for willful and wanton conduct. 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. Medical Practice Act A statute of a US state or jurisdiction that outlines the scope of practice for physicians and the responsibility of the medical board to regulate that practice. The primary responsibility and obligation of a state medical board is to protect the public through proper licensing and regulation of physicians and, in some jurisdictions, other health care professionals. Surgical Error Surgical errors may occur in any kind of medical procedure involving intrusive and non-intrusive surgery. Even the simplest of cosmetic surgical procedures may result in a surgical error. Plaintiff The party who initiates a legal action; in a personal injury lawsuit, the person who alleges that he or she has suffered monetary damages due the negligence of another party. Cesarean Commonly referred to as "C-section". A surgical procedure in delivering the baby. Epidural (pain medicine) is given at this time, and an incision is made in the very low part of the woman's abdomen 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. 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 Economic damages Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income.

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

	Did You Know?
	Errors in hospital Emergency Rooms are a common occurrence They are infrequently talked about and rarely reported to the media. That is why you don't hear about these types of cases on the news. Understaffed hospitals or ill-equipped emergency rooms may lead to fatal errors while dealing with patients requiring emergency treatment. When the necessary steps of treating an emergency room patient are sidestepped, then an emergency error may result.