Medical Malpractice Terms and Definitions

Assumption of risk In the law of negligence, as a defense, a defendant's allegation that the injured plaintiff recognized the danger of the plaintiff's course of action but, nonetheless, willingly chose to risk such danger. 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. Duty of Care Once a doctor or health care professional agrees to diagnose or treat a patient, he or she has assumed a duty of care toward that patient. Cerebral Palsy Cerebral palsy refers to a group of conditions that affect control of movement and posture. Because of damage to one or more parts of the brain that control movement, an affected child cannot move his or her muscles normally. While symptoms range from mild to severe, the condition does not get worse as the child gets older. Economic damages Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income. Obstetrics Prenatal care requires collecting, tracking and analyzing a complex series of clinical data collected over several prenatal visits. 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 Comparative negligence The doctrine of comparing degrees of fault among the responsible parties. Informed Consent Is the process by which fully informed patients can participate in choices about Their healthcare. It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care. Terminal sedation Terminal sedation is the use of high doses of sedatives to relieve extremes of physical distress. Its purpose is to render the patient unconscious to relieve suffering until the patient dies from his or her disease processes and their complications.

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

	Did You Know?
	Medical Misdiagnosis is a serious risk every time you go to the hospital. There are many ways that a medical misdiagnosis can present itself. Whether a doctor is at fault, or hospital staff, a misdiagnosis of a serious illness can have very extreme and harmful effects. The National Patient Safety Foundation cites that 42% of medical patients feel they have had experienced a medical error or missed diagnosis.