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Mediation: Mediation is a form of
alternative dispute resolution, similar in many ways
to arbitration in that the parties to a personal
injury case come together before a neutral referee
(the mediator) in an effort to resolve their
dispute. Unlike arbitrations, however, mediations
are entirely at the discretion of the parties, so
the event can be as formal or informal as desired.
And unlike arbitrators, mediators are not expected
to render a decision in favor of either of the
parties. Rather, the mediator's place is to aid the
opponents in negotiating with one another and coming
to a mutually agreeable resolution for their
dispute. Mediation can take place at any time in the
case. Many courts are now strongly recommending the
use of mediations before a lawsuit may be brought to
trial. It is critical to be properly prepared for
mediation because it is a prime opportunity for
settlement of a lawsuit without the expense of a
court trial. It is also extremely important to know
what information should or should not be provided to
an opponent at the time of mediation.
Medical Incident: Any act, error or
omission during the providing of professional
services.
Medical Malpractice: When a person is
injured, or if a death is caused, due to the
negligence of a health care provider (e.g., doctor
or hospital), the injured person (or the family
member of the deceased patient) may pursue a medical
malpractice claim. This type of claim has many
additional rules and requirements that are not
common to other types of serious injury claims. Many
attorneys are not experienced in this field of
litigation.
Medical Practitioner: A person entitled to
practice medicine.
Medical Records: In a lawsuit, insurance
claim, or wrongful death case, the injured person's
medical records are typically the single most
important piece of documentary evidence. These
records, showing the treating physicians' diagnoses,
prognoses, and treatments will establish what
specific injuries have been sustained, will show
what the long-term expectations are either for
recovery from the injuries or for permanent
disability, and will specify the types and costs of
medical treatment that has been and will be
received. It is critically important to know which
of an injured person's medical records an opposing
insurance company or party to a lawsuit is entitled
to receive and which other records are irrelevant
and protected by the patient-physician privilege. An
insurance adjustor will usually seek to have the
injured person sign a "medical records
release" as soon as possible so that the
insurance company can go on a "fishing
expedition" through the injured person's
records to see what they might turn up in the way of
potentially embarrassing (and often irrelevant)
information. For this reason especially, it is
important to consult with a personal injury attorney
as soon as possible to determine what type of record
release is or is not proper. Similarly, once a case
is in litigation, a defense attorney will attempt to
subpoena the medical records of every one of the
plaintiff's physicians. Again, it is important that
the personal injury attorney carefully guard his
client's privacy by limiting these subpoenas to only
those records that are relevant.
Misdiagnosis: A medical professional's
failure to properly identify and diagnose a
patient's medical condition. A doctor can be held
liable for any damages that result from a
misdiagnosis if the medical mistake was a result of
negligence. Medical negligence (a subtype of medical
malpractice) is defined as a medical professional's
failure to exact the degree of care, skill, and
prudence that a reasonable medical professional
would in a similar situation.
Misrepresentation: False advertising,
especially when ads claim that a product is safer
than it truly is.
Motion to Suppress Hearing: A court
appearance where papers are filed and evidence is
argued that all evidence against you should be
thrown out because your constitutional rights were
violated.
Motion: Asking the court to do something.
These motions may include discovery motions (i.e.
forcing the prosecutor to turn over evidence),
motions to suppress evidence, motions to dismiss the
case, and many others.
