Medical Malpractice Terms and Definitions

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. Assumption of risk In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger. 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 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. 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. Brain death Irreversible cessation of cerebral and brain stem function; characterized by absence of: electrical activity in the brain, blood flow to the brain, and brain function as determined by clinical assessment of responses. 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. 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. Allodynia When pain is caused by something that does not normally cause pain (such as clothing touching the skin). 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.

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

	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.