Medical Malpractice Terms and Definitions

Negligence Failure to exercise that degree of care that a reasonable person would exercise under the same circumstances. When that failure causes another person to suffer an injury or financial loss, that person may be entitled to just compensation through our civil justice system. Subrogation A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person. Collateral source rule Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources. 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. 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. 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. 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. Allodynia When pain is caused by something that does not normally cause pain (such as clothing touching the skin). Economic damages Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income. 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.

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

	Did You Know?
	Many people don’t know what expenses are typically included in a settlement A typical medical malpractice claim will include compensation for pain and suffering, payment of medical expenses for treating the injury caused by the malpractice and reimbursement for any past, present or future financial losses that you have incurred as a result of the malpractice. However, this varies by State.