Research library
Medical Malpractice Glossary
Use this glossary when legal or medical records language slows down your review.
Last reviewed: July 6, 2026
Medical MalpracticeA civil claim alleging medical care below the required standard caused injury.Standard Of CareThe professional standard used to evaluate medical conduct.NegligenceFailure to use legally required care under the circumstances.BreachConduct that falls below the required duty or standard.CausationThe connection between the breach and the injury.DamagesLosses that may be compensated in a civil claim.DutyThe legal obligation created by a provider-patient relationship or other rule.Proximate CauseA legal cause close enough to support liability.Cause In FactA factual link between conduct and harm.Expert WitnessA qualified professional who gives opinion testimony.Certificate Of MeritA filing requirement in some states tied to expert review.Affidavit Of MeritA sworn expert statement required in some jurisdictions.Statute Of LimitationsA filing deadline set by law.Statute Of ReposeAn outer deadline that may cut off a claim.Discovery RuleA rule that may affect when a deadline starts.Informed ConsentPatient agreement after disclosure of material risks and alternatives.Medical RecordsCharts, orders, notes, test results, imaging, and billing records.MARMedication administration record.Operative ReportThe surgeon's report of a procedure.Discharge SummaryA summary of hospital care and follow-up plan.DepositionSworn testimony taken before trial.DiscoveryThe exchange of information in litigation.InterrogatoriesWritten questions answered under oath.Demand LetterA written request to resolve a claim.SettlementAn agreement resolving a claim.ReleaseA legal document giving up claims after settlement.MediationA settlement meeting with a neutral mediator.ArbitrationA private dispute process that may replace court.Contingency FeeA fee paid from recovery if the case succeeds.Case CostsExpenses such as filing fees, records, depositions, and experts.Economic DamagesFinancial losses such as bills and lost income.Non Economic DamagesHuman losses such as pain and disability.Punitive DamagesExtra damages allowed only under limited state rules.Damage CapA statutory limit on certain damages.Wrongful DeathA claim arising from death caused by alleged negligence.Survival ClaimA claim that continues through the estate.LienA repayment claim against settlement or judgment funds.Comparative FaultAllocation of responsibility between parties.Vicarious LiabilityLiability based on another person's conduct.Corporate NegligenceInstitutional responsibility for policies or supervision.CredentialingHospital review of provider qualifications.TriageSorting patients by urgency.Differential DiagnosisConsidering possible causes of symptoms.Failure To DiagnoseNot identifying a condition when required care would have.Delayed DiagnosisDiagnosis made later than required care allowed.Never EventA serious event often considered preventable.Sentinel EventA serious patient safety event requiring attention.HIPAAFederal health privacy and access rules.Personal RepresentativeA person authorized to access records or act for a patient.Medical BoardState agency that licenses and disciplines physicians.NPDBNational practitioner data bank.Life Care PlanProjection of future care needs and costs.Loss Of ConsortiumHarm to certain family relationships.Pretrial ConferenceCourt meeting before trial.VerdictJury or judge decision after trial.JudgmentCourt-entered result after a verdict or decision.AppealRequest for review by a higher court.Retainer AgreementWritten agreement defining representation and fees.Attorney Client RelationshipFormal legal relationship with counsel.