Medical Malpractice Terms and Definitions

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. 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. Trigeminal Neuralgia A disorder of the trigeminal nerve that causes brief attacks of severe pain in the lips, cheeks, gums, or chin on one side of the face. Anesthesia A large class of claims related to anesthesia has resulted from cases where the anesthesiologist or anesthetist did not take a complete medical history of angina, myocardial infarction, recent upper respiratory infection, and asthma. 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. Affidavit A voluntary statement or declaration of facts that has been written down and confirmed under oath. 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. Joint-and-several liability Liability in which each liable party is individually responsible for the entire obligation. Under joint-and-several liability, a plaintiff may choose to seek full damages from all, some, or any one of the parties alleged to have committed the injury. 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. Informed Consent Is the process by which fully informed patients can participate in choices about Their healthcare. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care.

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

	Did You Know?
	Gastric-Bypass surgery is an intrusive & risky surgical operation Gastric-bypass malpractice occurs when a medical professional causes harm or personal injury while performing the surgery or through a general or particular negligence. Some types of gastric bypass operations: Open Roux en Y (Rny), (Restrictive with some Malabsorption) Laparoscopic Roux-en-Y,Fobi Pouch (Restrictive with Malabsorption) , stomach staple, & more.