Medical Malpractice Terms and Definitions

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. Medical lien The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided. 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. 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. 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. Spinal cord abscess Spinal cord abscess is a disorder characterized by inflammation and a collection of infected material (pus) around the spinal cord. Fibromyalgia A pain disorder in which a person feels widespread pain and stiffness in the muscles, fatigue, and other symptoms. Comparative negligence The doctrine of comparing degrees of fault among the responsible parties. Confidentiality The principle that prohibits physicians from disclosing confidential comments made to them by patients unless required to do so by law. The law may require physicians to violate patient confidentiality if the patient poses a serious threat to his or her own health and the well-being or that of others. 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

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

	Did You Know?
	You still have rights even if you signed a consent form A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.