Medical Malpractice Terms and Definitions

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. 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. 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. 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 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. Elder Abuse Is any "physical abuse, neglect, financial abuse, abandonment, isolation, abduction or other treatment with resulting in physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering 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. 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. 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 Interrogatories A form of discovery in which one party submits a series of written questions to the other party, and to which the latter is bound to answer under oath.

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

	Did You Know?
	FDA receives medication error reports on marketed human drugs You can see FDA drug reports at fda.com . Problems from drugs can include: professional practice, health care products, procedures, and systems, including prescribing; order communication; product labeling, packaging, and nomenclature; compounding; dispensing; distribution; administration; education; monitoring; and use.