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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.
Affidavit
A voluntary statement or declaration of facts that has been written down and confirmed under oath.
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.
Noneconomic damages
Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately.
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.
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.
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.
Arbitration panels
Many states have formed arbitration panels in order to resolve disputes between doctors and their patients.
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.
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Did You Know?