Medical malpractice Legal Glossary

Allegation: An assertion, declaration or statement that is made in a pleading by one of the parties to the action and tells what that party intends to prove.

Arbitration: A process for deciding a legal dispute out of court; a substitute for an ordinary trial.

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Complaint, Civil: The first pleading in a civil case filed by the plaintiff. It alleges the material facts and legal theories to support the plaintiff's claim against the defendant.

Comparative Negligence: The doctrine of comparing degrees of fault among the responsible parties.

Dismissal With Prejudice: An order to dismiss a case in which the court bars the plaintiff from suing again on the same cause of action.

Dismissal Without Prejudice: An order to dismiss a case in which the court preserves the plaintiff's right to sue again on the same cause of action.

Evidence: A fact presented in court through the testimony of a witness, an object or written documents.

Judgment: The official decision by a court regarding the rights and claims of the parties to a civil or criminal lawsuit.

Liability: A legal responsibility or obligation.

Litigation: The process of settling a dispute through the court system.

Medical Lien: The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided.

Medical Negligence: Failure of a physician or other medical personnel to meet the standards of conduct for duties relating to the medical profession. Those standards are based on what a reasonable person with the requisite knowledge and skills would or would not do.

Negligence: Failure to exercise that degree of care that a reasonable person would exercise under the same circumstances.

Pleadings: Written documents stating the allegations and claims of the opposing parties in a legal dispute.

Re-direct Examination: Opportunity to present rebuttal evidence after one's evidence has been subject to cross-examination.

Stipulation: An agreement, admission or concession made in a judicial proceeding by the parties or their attorneys, thus relieving a party of its obligation to produce evidence in support of an argument or allegation.

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Glinn & Somera, P.A.
2100 Coral Way, Suite 502
Miami, FL 33145
Phone: 305-854-5100
Fax: 305-854-5200
Email:
contact@glinnandsomera.com


Miami Florida Medical Malpractice Practice Areas:
Surgical Mistakes
Medication Errors
Anesthesia Mistakes
Traumatic Brain Injury
Cerebral Palsy
Cerebral Hypoxia
Aphasia

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Medical Malpractice Statutes
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Medical Malpractice FAQs
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We server the following South Florida areas:
Broward   Hialeah
Dade   Hollywood
Coral Gables   Kendall
Coral Springs   Miami
Ft Lauderdale   Miami Beach
Hallandale   North Miami


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