Glossary

A sworn statement from a qualified medical expert confirming that a medical malpractice claim has a valid basis.

A form of alternative dispute resolution where a neutral third party (the arbitrator) makes a binding decision on a case outside of court.

The failure of a professional or individual to act with the level of care required by law.

The obligation of the plaintiff to prove their allegations are true. In civil cases, this is usually by a preponderance of the evidence.

A severe injury that permanently prevents an individual from performing any gainful work or leads to long-term disability, such as spinal cord or brain injuries.

The legal link proving that the defendant’s specific actions directly resulted in the plaintiff’s injuries.

A document often required in Florida medical malpractice cases where an attorney certifies they have consulted a medical expert before filing.

A legal case filed by one person or entity against another to recover money or enforce a right, rather than to punish a crime.

A rule used to determine how much each party is responsible for an accident. In Florida, compensation may be reduced by a party’s percentage of fault.

Money awarded to a plaintiff to cover actual losses such as medical bills and lost wages.

The formal legal document that starts a lawsuit, outlining the plaintiff’s claims and requested relief.

A fee arrangement where the lawyer is paid a percentage of the settlement or verdict, and no fees are owed if there is no recovery.

Money claimed or awarded to compensate for injuries, losses, or suffering.

The person, company, or institution being sued.

When a medical condition is identified later than it should have been, resulting in harm or reduced recovery chances.

Sworn testimony given outside of court before a court reporter, used during the discovery process.

The pretrial process where both sides exchange documents, evidence, and witness information.

The legal obligation to act with reasonable care to avoid causing harm to others.

Compensation for measurable financial losses such as medical expenses and lost income.

Documents, records, testimony, or other materials presented to support a legal claim.

A qualified professional who provides specialized opinions to help explain complex issues in a case.

A projection of long-term medical care, equipment, and support an injured person will require.

A reckless disregard for the safety or rights of others that goes beyond ordinary negligence.

The process by which a patient is informed of risks and benefits before agreeing to a medical procedure.

Written questions that must be answered truthfully by the opposing party during discovery.

A rule allowing a plaintiff to recover the full amount of damages from any one defendant.

The official who oversees court proceedings and rules on matters of law.

A group of citizens selected to hear evidence and decide the facts of a case.

Legal responsibility for one’s actions or failures to act.

A legal claim against a settlement or judgment to recover costs paid by a third party.

A professional who evaluates and plans for an injured person’s long-term care needs.

The process of resolving disputes through the court system.

Compensation for reduced ability to earn income in the future due to injury.

A facilitated negotiation where a neutral party helps resolve disputes outside of court.

Negligence by a healthcare professional that causes injury to a patient.

Incorrectly identifying or failing to identify a medical condition.

Failure to exercise reasonable care under the circumstances.

Compensation for intangible losses such as pain, suffering, and emotional distress.

A court-appointed individual who manages a deceased person’s estate.

The individual or family who files a lawsuit.

Formal written documents filed with the court outlining each party’s claims and defenses.

The evidence-gathering phase before a lawsuit is formally filed.

Damages intended to punish especially reckless or malicious conduct.

An agreement resolving a legal dispute without going to trial.

The level of care a reasonably competent professional would provide in similar circumstances.

The deadline for filing a lawsuit before the right to sue expires.

A family member eligible to recover damages in a wrongful death case.

A formal court proceeding where evidence is presented and a decision is made.

The final decision reached by a jury.

A legal claim arising when a person dies due to another party’s negligence or misconduct.