Medical Legal Vocabulary

Incurable disease: A medical condition that is expected to result in the death of a person within six (6) months; No recovery is expected. Officer: a designated person who has the legal authority to make decisions about the health care of a person (the declarant) if the person is unable to do so; Also known as proxy or substitution. Due diligence – The examination of a company to be acquired by the acquiring party to determine relevant information about its financial and operational history and current status. Employees of the Corporation are generally required to adhere to the legal standard that they conducted the review with due diligence before making a recommendation to the Board of Directors as to whether the acquisition should proceed. Family Medical Leave Act, 29 U.S.C. Section 2611 et seq. – Federal legislation requiring certain employers to grant unpaid leave to employees who meet certain criteria so that they can receive medical treatment or care for certain family members. Civil action: First civil procedural document brought by the plaintiff. It puts forward the essential facts and legal theories in support of the plaintiff`s claim against the defendant. Errors and Omissions Insurance – E&O insurance policies cover negligent advice or commercial services provided by a person or entity that does not qualify for professional liability insurance, such as medical billing companies, insurance brokers and managed care organizations. Event Reporting – Unexpected medical interventions by the patient, intensity of care, or impairment of health care.

Staff are provided with clear guidelines and concrete examples of reportable incidents or incidents; e.g., the occurrence of a missed diagnosis resulting in injury to the patient; events related to surgery, such as incorrect surgery of the patient, wrong place, wrong procedure or incidents related to treatment; Falls; National Practitioner Data Bank – Maintained by the federal government and includes reports on selected practitioners. A report must be prepared by any company that pays money on behalf of a practitioner to settle a legal claim against the practitioner. Advice must also be made by hospitals that restrict, suspend or terminate a physician`s privileges to examine or treat patients in the hospital. Medical negligence: Failure by a physician or other medical staff to meet standards of conduct for duties related to the medical profession. These standards are based on what a reasonable person with the required knowledge and skills would or would not do. Civil Law: Generally refers to disputes that do not involve crimes, including family matters, contracts, medical malpractice, debt collection, and compensation for bodily injury or loss of property. Long-term care services – provision of medical and/or social services to support people with disabilities or chronic care needs (Ministry of Health definition). Litiger: One of the parties involved in a dispute. Living will: A legal document containing instructions on whether or when life-sustaining treatments should be refused or discontinued.

Living wills are the first form of living will. Birth injury: A physical injury sustained by a baby during delivery. Birth injuries may be related to pre-existing health problems of the mother or fetus, or may be related to the negligence of a physician such as a doctor or other member of the health care professional. These injuries can lead to permanent disability or even death. Darling v. Charleston Community Memorial Hospital – A landmark case that established that a hospital has an independent duty to provide quality care in its facility and is responsible for verifying the competence of its medical staff. Indemnification Provision – A contractual clause in which one party accepts the tort liability and legal defense of another party; Usually found with harmless determinations and are usually mutual. Misdiagnosis: The inability of a physician to correctly identify and diagnose a patient`s condition.

A doctor may be held liable for damages resulting from misdiagnosis if the medical error is due to negligence. Medical negligence (a subtype of medical malpractice) is defined as a physician`s failure to determine the level of care, skill and prudence that a reasonable physician would achieve in a similar situation. Telemedicine/Telemedicine – The use of telecommunications to provide medical information and services. Provision of counselling and education in the health sector using telecommunication networks to transmit information; Remote medical practice via telecommunications and interactive video technology (American Medical Association`s Council on Medical Education and Medical Services). Also the use of electronic information and communication technologies to provide and support health care when distance separates participants (Institute of Medicine). Emergency Medical Services (EMS) – Providing services to patients who require immediate care. Potentially Compensable Event (PCE) – Includes any incident for which there is no active claim or formal action, including those where an unforeseen event caused harm, the potential for injury or expression of dissatisfaction or perception of harm. Medical privilege: The right of a hospital, physician or health care provider to assert an interest in compensation for bodily injury equal to the cost of the treatment or service provided. Medical malpractice: Improper or negligent treatment of a person under medical care resulting in injury or death.

Health Care Treatment Policy: a personal statement of an individual`s preferences with respect to the treatment of health care, including end-of-life care, in accordance with the legal basis of living wills laws, where applicable. However, health care treatment guidelines are broader than living wills because they are not limited to incurable conditions. Also known as a medical directive. Medical screening examination () – the process required to achieve with reasonable clinical certainty the time at which it can be determined whether or not a medical emergency exists, which is applied in a non-discriminatory manner (i.e. A different level of care should not exist on the basis of payment status, race, national origin, etc.). Subpoena: A legal document issued by a court requiring a person to appear, testify and/or present evidence as indicated. Arbitration: A procedure for resolving a dispute without having to go to court. We`re here to help you every step of the way, even if it`s just familiar language knowledge. If you would like to know more about medical malpractice, please do not hesitate to contact us.

Critical Pathways (CPMs) – Clinical pathways, pathway guidelines and other variants. In addition, one of the many procedures used to define the generally accepted treatment (or courses) of treatment for a particular medical condition or disease; As a general rule, deviations from prescribed critical pathways should be explained by existing comorbidities, failure of prescribed treatments, etc. Risk Control – Includes techniques to minimize the frequency or severity of accidental losses or the predictability of losses; Prevent or mitigate losses.