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Common Terms Used in Medical Malpractice Suits

By Oguz Ozdemir

No one ever expects to find themselves in a court of law fighting to get what is legally and morally due to them, but things happen and people are negligent. If you have become victim to medical malpractice due to an incorrect diagnosis, a delayed diagnosis or a misdiagnosis you might have cause to file a medical malpractice suit.

As most people are not familiar with legal terminology until they are thrown into a law suit, here are some terms that you may want to familiarize yourself with if you are considering or are already involved in a medical malpractice lawsuit.

Arbitration. This is a process that is put into effect in an effort to eliminate a court trial. A professional who is involved in the field or area of medicine that the case deals with is brought in to hear both sides in hopes of a resolution.

Claim evaluation. This may be one of the first new words or phrases you may hear if you contact an attorney regarding a medical malpractice lawsuit. The attorney is going to go over all of the details of the case and do a comprehensive evaluation to determine based on all of the information provided if it can be proven that there was indeed negligence by the doctor or medical professional involved. In addition, in order to file a medical malpractice lawsuit you must have suffered as a result of this negligence.

Deposition. You may have heard this word before but not been completely sure what it actually entails. It is the process of interviewing key people who are involved or related to your case. They could be witnesses, medical professionals or anyone involved who would have information that is pertinent to your case. The deposition is held usually in an attorney's office and is documented by a court reporter so that it may be used later for the actual trial or in arbitration.

Good Samaritan Act. This is an act that protects people like emergency personnel from the liability of a lawsuit by the mere fact of performing their job. If emergency or any other medical professionals had to worry about being sued they may not perform their duties during an emergency situation therefore further hampering the condition of urgent patients.

Several or joint liability. This is where liability for the negligence is divided between more than one person. A physician may be liable as well as the hospital that he or she works in.

Medical malpractice is an unfortunate occurrence that many people believe could be prevented. Rest assured, human error is also a real situation and good doctors can make mistakes. That is why a good medical malpractice attorney can evaluate your case to determine if a doctor was negligent in his duties.

If you have ever been misdiagnosed, undiagnosed or a delay in diagnosis resulted in personal illness or injuries, please contact our professional team of attorneys at 1-888-LAW-IN-NY. At Napoli Bern Ripka we have your best interest at heart.

Originally posted at InjuryBoard by Oguz Ozdemir

Full post as published by New York City Personal Injury Lawyer on August 19, 2009 (boomark / email).