Reference library
Medical Malpractice Glossary
Plain-English definitions for legal, medical-record, damages, and procedure terms.
Updated: August 11, 2026
Liability and proof
Terms used to describe duty, professional standards, breach, and causation.
Medical MalpracticeA civil claim alleging medical care below the required standard caused injury.NegligenceFailure to use legally required care under the circumstances.DutyThe legal obligation created by a provider-patient relationship or other rule.Standard Of CareThe professional standard used to evaluate medical conduct.BreachConduct that falls below the required duty or standard.CausationThe connection between the breach and the injury.Cause In FactA factual link between conduct and harm.Proximate CauseA legal cause close enough to support liability.Vicarious LiabilityLiability based on another person's conduct.Corporate NegligenceInstitutional responsibility for policies or supervision.
Procedure and deadlines
Terms that may appear in pre-suit requirements, discovery, court proceedings, and alternative dispute resolution.
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.Certificate Of MeritA filing requirement in some states tied to expert review.Affidavit Of MeritA sworn expert statement required in some jurisdictions.DiscoveryThe exchange of information in litigation.InterrogatoriesWritten questions answered under oath.DepositionSworn testimony taken before trial.Pretrial ConferenceCourt meeting before trial.MediationA settlement meeting with a neutral mediator.ArbitrationA private dispute process that may replace court.AppealRequest for review by a higher court.JudgmentCourt-entered result after a verdict or decision.
Medical records and hospital terms
Terms found in charts, reporting systems, licensing, or medical review.
Medical RecordsCharts, orders, notes, test results, imaging, and billing records.Operative ReportThe surgeon's report of a procedure.Discharge SummaryA summary of hospital care and follow-up plan.MARMedication administration record.TriageSorting patients by urgency.CredentialingHospital review of provider qualifications.Medical BoardState agency that licenses and disciplines physicians.NPDBNational practitioner data bank.HIPAAFederal health privacy and access rules.Sentinel EventA serious patient safety event requiring attention.Never EventA serious event often considered preventable.Differential DiagnosisConsidering possible causes of symptoms.Delayed DiagnosisDiagnosis made later than required care allowed.Failure To DiagnoseNot identifying a condition when required care would have.
Damages and settlement
Terms related to compensation, liens, releases, and estate or survivor claims.
DamagesLosses that may be compensated in a civil claim.Economic DamagesFinancial losses such as bills and lost income.Non Economic DamagesHuman losses such as pain and disability.Damage CapA statutory limit on certain damages.Punitive DamagesExtra damages allowed only under limited state rules.Life Care PlanProjection of future care needs and costs.Loss Of ConsortiumHarm to certain family relationships.LienA repayment claim against settlement or judgment funds.SettlementAn agreement resolving a claim.ReleaseA legal document giving up claims after settlement.Survival ClaimA claim that continues through the estate.Wrongful DeathA claim arising from death caused by alleged negligence.
Lawyer and fee terms
Terms that may appear in representation and fee documents.
Attorney Client RelationshipFormal legal relationship with counsel.Contingency FeeA fee paid from recovery if the case succeeds.Case CostsExpenses such as filing fees, records, depositions, and experts.Retainer AgreementWritten agreement defining representation and fees.Demand LetterA written request to resolve a claim.Expert WitnessA qualified professional who gives opinion testimony.Personal RepresentativeA person authorized to access records or act for a patient.