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Punitive damages
Damages awarded in addition to compensatory (economic and noneconomic) damages to punish a defendant for willful and wanton conduct.
Arbitration
A process for deciding a legal dispute out of court; a substitute for an ordinary trial.
Noneconomic damages
Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately.
Collateral source rule
Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources.
Negligence
Failure to exercise that degree of care that a reasonable person would exercise under the same circumstances. When that failure causes another person to suffer an injury or financial loss, that person may be entitled to just compensation through our civil justice system.
Board-certified specialist
A physician who has successfully completed an ACGME-approved residency program or its equivalent in an American Board of Medical Specialties (ABMS)-recognized specialty and has been certified by an ABMS member board
Subrogation
A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person.
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.
Res ipsa loquitur
The use of res ipsa loquitur should be prohibited in medical malpractice cases because under this doctrine the mere fact that the injury occurs means that the defendant was negligent, although it is not all the time.
Economic damages
Funds to compensate a plaintiff for the monetary costs of an injury, such as medical bills or loss of income.
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