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February 26, 2010
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Medical Malpractice Terms and Definitions

 

 

Battered child syndrome (B.C.S.)
Physical condition of a child indicating that external or internal injuries result from acts committed by a parent or custodian. Also termed Parent Infant Trauma Syndrome (P.I.T.S.).

Inter alia
Among other things.

Deposition
The taking of testimony of a witness under oath outside of court, usually transcribed in writing by a court reporter, or less frequently, recorded on videotape.

Concurrent jurisdiction
The jurisdiction of two or more courts, each authorized to deal with the same subject matter.

Preponderance of evidence
Evidence that is (even minimally) of greater weight or more convincing than the evidence, which is offered in opposition to it. This is the standard by which a plaintiff must prove his/her case in a civil suit.

Manslaughter
A person recklessly causes the death of another, or acting under extreme emotional disturbance, causes the death of another, or acting under circumstances when a person reasonably believes the circumstances provide a legal justification or excuse for his conduct constitutes manslaughter.

Charge
The statement accusing a person of committing a particular crime. Also the judge's instructions to the jury on its duties, on the law involved in the case and on how the law in the case must be applied.

Assumption of risk
In tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury

Punitive damages
Lawyers regularly employed by the government to represent people accused of crimes who cannot afford to hire their own. The term may also be used to refer to a private firm receiving public money to defend indigent criminal defendants.

Precedent
A rule of law that is established by an appellate court in an earlier case serves as binding precedent in all subsequent similar cases.

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

 

 
Did You Know?    
 
 
The areas where lawyers work.
In general, the courtroom is the arena where lawyers spend most of their time. However, much time is spent outside the courtroom involving research and investigation.

 


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News about Medical Malpractice cases in Texas and nationwide:

Statute of Limitations for Legal Malpractice Request for Public Comment
The California Law Revision Commission seeks public comment on its revised tentative recommendation relating to the statute of limitations for lega...
Read more >


The Best Offense Is a Good Defense Against Medical Errors
Let's face it, we all make mistakes. Mistakes happen in hospitals, they happen in outpatient clinics, they happen in nursing homes and home care, a...
Read more >


Linder Votes To Protect Patients By Limiting Runaway Medical Malpractice Awards
“Across the country, patient care is being jeopardized by a medical liability system that rewards trial lawyers,” said Linder. “I have seen many fr...
Read more >


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Legal Malpractice.com Terms

 


Today's Terms

Fitness hearing

Definition:
A hearing held in Juvenile Court to determine the fitness of a minor for retention in Juvenile Court, and the minor's amenability to Juvenile Court resources. Must be held before any evidence is heard on a petition for detention. Such a hearing is a prerequisite to transfer of a minor's case to adult court. Also called certification hearing

Retainer:

Definition:
Similar to an injunction, commanding the party to leave the other party alone, usually in a divorce proceeding.

Mandamus

Definition:
A writ by which a court commands the performance of a particular act.

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Malpractice Hot Topics

 
Topics Related to Medical Malpractice:

  • Surgical Malpractice
  • Medication Errors
  • Bacterial Infections
  • Birth Injury
  • Dental Malpractice

More Medical Malpractice Topics >

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