At Rosenberg, Minc, Falkoff & Wolff, LLP, our experienced New York City medical malpractice attorneys have created this comprehensive compilation of legal definitions related to medical negligence claims. By familiarizing yourself with these terms, you will be better equipped to understand and deal with the complexities of medical malpractice cases in New York.
If you or a loved one has been injured due to the negligence of a doctor or a hospital, consult with our proven and capable medical malpractice lawyers in New York who can guide you through the legal process and help you recover the largest financial compensation you are entitled to.
At Rosenberg, Minc, Falkoff & Wolff, LLP, our experienced New York City medical malpractice attorneys have created this comprehensive compilation of legal definitions related to medical negligence claims. By familiarizing yourself with these terms, you will be better equipped to understand and deal with the complexities of medical malpractice cases in New York.
If you or a loved one has been injured due to the negligence of a doctor or a hospital, consult with our proven and capable medical malpractice lawyers in New York who can guide you through the legal process and help you recover the largest financial compensation you are entitled to.
Anastomosis: The surgical connection between two structures, such as blood vessels or intestines. Malpractice can occur if an anastomosis is not performed correctly, leading to leakage or other issues.
Anesthesia Awareness: A condition where a patient becomes conscious and aware during surgery despite being under anesthesia, leading to discomfort and psychological trauma. Inadequate anesthesia administration or monitoring can cause this condition.
Anesthesia Errors: Mistakes related to the administration of anesthesia, including incorrect dosage, improper monitoring, or failure to recognize and respond to complications. These errors can lead to severe injury or death and are a frequent cause of surgical malpractice claims.
Anesthesia Overdose: Administering too much anesthesia medication, which can lead to severe complications such as respiratory depression, cardiovascular instability, or even death. This can result from errors in dosage calculation or administration.
Anesthesia Under-dose: Administering insufficient anesthesia, which can cause inadequate pain control during surgery, patient movement, or awareness. This may result from errors in dosage or failure to monitor the patient properly.
Anesthetic Equipment Failure: Malfunction or failure of anesthesia delivery devices, such as ventilators or infusion pumps, which can lead to inadequate anesthesia or complications. Regular maintenance and checks are essential to prevent such failures.
Aneurysm Clipping: A surgical technique used to treat brain aneurysms by placing a clip around the base of the aneurysm to prevent rupture. Errors in this procedure can lead to aneurysm rupture or insufficient treatment.
Antibiotic Stewardship: The practice of using antibiotics appropriately to minimize the risk of resistance and adverse effects. Failure to implement effective antibiotic stewardship can lead to infections and complications following surgery.
Biofilm Formation: The development of a protective layer of microorganisms on surfaces, such as surgical implants, that can lead to persistent infections. Failure to address biofilm-related infections can contribute to surgical malpractice.
Blood Transfusion: The process of transferring blood or blood products to a patient during or after surgery. Errors in blood typing, cross-matching, or transfusion procedures can result in serious complications and malpractice claims.
Brain Herniation: A condition where brain tissue is displaced due to increased intracranial pressure, often as a result of surgery. Failure to manage brain herniation can lead to severe neurological damage or death.
Brainstem Injury: Damage to the brainstem, which controls vital functions such as breathing and heart rate. Injury to the brainstem during surgery can result in serious, potentially life-threatening consequences.
Causation: In medical malpractice, causation refers to the requirement that the plaintiff must prove that the healthcare provider’s negligence directly caused the injury or harm suffered by the patient.
Cerebral Edema: Swelling of the brain tissue, which can occur after surgery due to trauma or surgical manipulation. Failure to manage cerebral edema properly can result in increased intracranial pressure and neurological damage.
Craniotomy: A surgical procedure that involves removing a portion of the skull to access the brain. Errors during a craniotomy, such as incorrect incision or damage to brain tissue, can lead to significant complications.
Damages: The compensation that a plaintiff seeks in a medical malpractice case. Damages can be economic (e.g., medical expenses, lost wages) or non-economic (e.g., pain and suffering, emotional distress).
Deviation from Surgical Protocols: When a surgeon or surgical team fails to follow established medical protocols and procedures, leading to errors during surgery. This deviation can form the basis of a negligence claim if it results in harm to the patient.
Evisceration: The removal or displacement of internal organs from the body, typically through an incision. This can occur due to surgical errors or improper wound care.
Expert Witness: A medical professional with specialized knowledge who provides testimony in a medical malpractice case. Their testimony is crucial in establishing the standard of care and whether it was breached.
Failure to Diagnose Complications: When a surgeon fails to recognize or act on signs of post-surgical complications, leading to further injury or worsening of the patient’s condition. This can include missing signs of infection, internal bleeding, or other serious issues.
Foreign Body Retention: The accidental leaving of a surgical instrument, sponge, or other foreign object inside a patient’s body. This is a serious error that can lead to infection or other complications.
Foreign Body Retention: The unintentional leaving of a surgical instrument, sponge, or other object inside a patient’s body after surgery. This can result in infection, pain, and additional procedures.
Gross Negligence: A legal concept referring to extreme carelessness or reckless disregard for the safety of others. In surgical malpractice, gross negligence might involve egregious errors, such as performing surgery while intoxicated or ignoring critical patient information.
Hemostasis: The process of stopping bleeding during or after surgery. Failure to achieve proper hemostasis can lead to significant postoperative bleeding and complications.
Hemorrhage: Excessive bleeding during or after surgery. It can be caused by surgical errors or inadequate management and may result in serious complications.
Hospital Liability: The legal responsibility of a hospital for the actions of its employees, including surgeons and medical staff. If a surgical error occurs, the hospital may be held liable if it failed to ensure proper training, adequate staffing, or a safe environment.
Informed Consent: A legal process by which a patient is informed about the risks, benefits, and alternatives of a treatment or procedure, and voluntarily agrees to it. Lack of informed consent can be grounds for a malpractice claim if a patient is harmed by a procedure they were not adequately informed about.
Informed Refusal: The right of a patient to refuse a recommended surgical procedure after being fully informed of the risks and consequences. If a surgeon proceeds with surgery against the patient’s wishes, it may result in a malpractice lawsuit.
Instrument Count: The practice of counting surgical instruments before and after a procedure to verify that all items are accounted for. Failure in accurate instrument counting can lead to foreign object retention.
Intubation: The process of inserting a tube into the patient’s airway to ensure proper breathing during surgery. Errors in intubation can lead to airway obstruction, inadequate ventilation, or respiratory complications.
Intraoperative Communication: The exchange of information among the surgical team regarding counts and the status of surgical items. Breakdowns in communication can result in foreign objects being left inside the patient.
Intraoperative Documentation: The detailed recording of the surgical procedure, including counts of sponges and instruments. Incomplete or inaccurate documentation can contribute to foreign body retention.
Intraoperative Imaging: The use of imaging techniques like x-rays or ultrasound during surgery to guide the procedure. Misinterpretation or failure to use intraoperative imaging can lead to surgical errors.
Intraoperative Injury: Any injury that occurs to the patient during surgery due to the surgeon’s negligence. This can include damage to organs, nerves, or tissues that were not part of the intended surgical procedure.
Intraoperative Monitoring: The process of observing a patient’s vital signs and overall condition during surgery. Failure to properly monitor and respond to changes can result in malpractice claims if the patient suffers harm as a result.
Intraoperative Neuromonitoring: Techniques used during surgery to monitor the function of the nervous system, such as brainwave patterns or nerve responses. Failure to use or interpret neuromonitoring correctly can lead to undetected neurological injury.
Intracranial Pressure (ICP): The pressure inside the skull, which can increase due to swelling or bleeding. Failure to monitor and manage ICP effectively during or after brain surgery can result in severe complications.
Laparoscopic Surgery Errors: Errors specific to minimally invasive surgeries, such as damage to internal organs due to improper use of laparoscopic instruments. These errors can lead to significant injury and are a common cause of surgical malpractice claims.
Laparotomy: A surgical procedure involving an incision into the abdominal cavity to diagnose or treat abdominal conditions. Errors during laparotomy, such as accidental organ damage, can lead to malpractice claims.
Malignant Hyperthermia: A life-threatening reaction to certain anesthesia medications, characterized by a rapid increase in body temperature and muscle rigidity. Proper identification and management of this condition are critical to prevent severe complications.
Negligence: The failure to take proper care in doing something, which in medical malpractice cases, refers to a healthcare provider’s failure to act according to the standard of care, resulting in harm to the patient.
Neuroimaging: Techniques like CT scans or MRIs used to visualize the brain before, during, and after surgery. Inaccurate or inadequate neuroimaging can lead to misdiagnosis or improper surgical planning.
Neurological Assessment: The evaluation of a patient’s neurological function, including mental status, motor skills, and sensory perception. Inadequate or incorrect assessment before or after surgery can contribute to complications and malpractice claims.
Neurological Deficit: A loss of normal brain or nervous system function, such as impaired motor skills, speech, or sensory perception. Malpractice claims may arise if such deficits result from surgical errors or inadequate care.
Neurotoxicity: Toxic effects on the nervous system caused by certain drugs, chemicals, or surgical materials. Failure to recognize and manage neurotoxicity can lead to permanent neurological damage and malpractice claims.
Organ Perforation: The accidental puncture or tear of an organ during surgery, which can lead to serious complications like infection or bleeding. This is a common surgical error that can result in a malpractice claim.
Paralysis: The loss of the ability to move or feel in part of the body, often resulting from surgical errors affecting the spinal cord or peripheral nerves. Paralysis can be a devastating outcome and a major focus of malpractice litigation.
Perioperative Care: The care provided before, during, and after surgery, encompassing all aspects of patient management. Errors in perioperative care, such as failure to recognize and manage complications, can lead to malpractice claims.
Perioperative Management: The planning and coordination of all aspects of patient care before, during, and after surgery. Errors in perioperative management, such as failure to assess patient risk factors, can lead to complications and malpractice claims.
Perioperative Monitoring: The continuous observation of a patient’s vital signs, neurological status, and other critical parameters during the perioperative period. Failure to properly monitor and respond to changes can lead to malpractice claims.
Post-Operative Care: The care and monitoring provided to a patient after surgery to ensure proper recovery and to identify and treat any complications. Inadequate post-operative care can lead to malpractice claims if a patient suffers harm as a result.
Post-Operative Infection: An infection that occurs after surgery, often at the site of the incision or in a related body part. These infections can be caused by improper sterilization techniques, poor wound care, or other surgical errors.
Postoperative Bleeding: Hemorrhage or excessive bleeding that occurs after surgery, which can lead to complications like anemia, shock, or the need for additional surgery. Failure to control postoperative bleeding can be grounds for a malpractice claim.
Postoperative Cognitive Dysfunction (POCD): A condition characterized by cognitive decline following surgery, particularly in elderly patients. Failure to recognize and address POCD can lead to prolonged recovery and complications.
Postoperative Complications: Any adverse events or issues that arise after surgery, such as infection, bleeding, or organ dysfunction. Inadequate management of postoperative complications can lead to malpractice claims.
Postoperative Delirium: A state of confusion or disorientation that occurs after surgery, often in elderly patients. Failure to recognize and manage postoperative delirium can lead to prolonged hospitalization and complications.
Postoperative Follow-Up: The routine monitoring and evaluation of a patient’s recovery after surgery. Inadequate follow-up can result in missed complications and malpractice claims.
Postoperative Pain Management: The strategies and treatments used to control pain after surgery. Inadequate pain management can lead to prolonged suffering and complications, potentially resulting in malpractice claims.
Postoperative Respiratory Complications: Breathing difficulties or other respiratory issues that arise after surgery, often due to anesthesia, pain, or underlying conditions. Failure to manage these complications can result in malpractice claims.
Pulmonary Embolism (PE): A potentially life-threatening condition where a blood clot travels to the lungs, often occurring after surgery. Failure to prevent or treat PE can result in severe complications or death.
Rebleeding: The recurrence of bleeding at a surgical site after initial control. This can occur due to improper hemostasis, surgical technique, or failure to monitor the patient, leading to potential malpractice claims.
Reoperation: The need for an additional surgery to correct or address complications from the initial procedure. Reoperation may be necessary due to surgical errors, incomplete procedures, or new issues arising after the first surgery.
Residual Tumor: The remaining portion of a tumor that was not completely removed during surgery. Failure to fully excise a tumor can lead to recurrence and may result in a malpractice claim if it is due to negligence.
Res Ipsa Loquitur: A legal doctrine meaning “the thing speaks for itself,” used in malpractice cases where the nature of the injury strongly suggests negligence, even without specific evidence of the healthcare provider’s actions.
Retained Surgical Instrument: When a surgical instrument is accidentally left inside the patient’s body after surgery. This is a serious error that can lead to infections, pain, and additional surgery.
Retained Surgical Sponge: When a surgical sponge is accidentally left inside a patient’s body after surgery. This can lead to infection, pain, and other complications, and often results in a malpractice claim.
Surgical Adverse Event: Any unexpected or harmful outcome that occurs as a result of a surgical procedure. Adverse events can range from minor complications to severe injuries or death.
Surgical Checklist: A standardized list of items to be completed before, during, and after surgery to ensure patient safety and prevent errors. Failure to follow the checklist can lead to preventable mistakes and malpractice claims.
Surgical Errors: Mistakes made during surgery that deviate from the standard of care, such as wrong-site surgery, accidental injury to organs, or leaving instruments inside the patient. Surgical errors are a common basis for malpractice claims.
Surgical Equipment Failure: Malfunction or failure of surgical tools or devices, which can lead to errors during a procedure. This can include broken instruments, malfunctioning monitors, or inadequate sterilization.
Surgical Fatigue: The physical and mental exhaustion experienced by surgeons due to long or complex procedures, which can impair judgment and performance. Fatigue is a risk factor for errors and malpractice.
Surgical Infection: An infection that develops at the site of a surgical incision or within the body as a result of a procedure. Surgical infections can lead to serious complications and are often preventable with proper technique.
Surgical Instrument Count: The practice of counting all surgical instruments and sponges before and after a procedure to ensure nothing is left inside the patient. Errors in counting can lead to retained foreign objects and malpractice claims.
Surgical Instruments: Tools and devices used during surgery, such as scalpels, forceps, or clamps. Proper use and maintenance of surgical instruments are critical to patient safety.
Surgical Malpractice: A legal claim arising from errors, negligence, or other improper actions during surgery that result in harm to the patient. Surgical malpractice can involve a wide range of issues, from anesthesia errors to surgical infections.
Surgical Nerve Injury: Damage to nerves during surgery, which can result in pain, numbness, or loss of function. Nerve injuries can be caused by improper surgical technique or failure to recognize and protect nerves during the procedure.
Surgical Navigation: The use of advanced imaging and computer technology to guide surgical procedures with precision. Errors in surgical navigation, such as incorrect data entry or misalignment, can lead to serious complications.
Surgical Site Infection (SSI): An infection that occurs at or near the surgical incision site within 30 days of surgery. SSIs can lead to significant complications, including sepsis, and are often preventable with proper surgical technique.
Surgical Site Marking: The practice of marking the surgical site on a patient’s body to prevent wrong-site surgery. Failure to properly mark the site can lead to significant errors and malpractice claims.
Surgical Sponges: Absorbent materials used to control bleeding during surgery. Proper counting and management of sponges are critical to prevent retention inside the patient, which can lead to serious complications.
Surgical Staples: Metal clips used to close surgical incisions or connect tissues. Improper use of staples, such as incorrect placement or failure to remove them in a timely manner, can lead to complications and malpractice claims.
Surgical Sterilization: The process of ensuring that all surgical instruments and materials are free from pathogens. Failure to achieve proper sterilization can lead to infections and other complications.
Surgical Technique: The specific methods and procedures used by surgeons during an operation. Errors or deviations from accepted techniques can lead to complications and form the basis of malpractice claims.
Surgical Tools: The instruments and devices used during a surgical procedure, such as scalpels, forceps, and clamps. Proper use, maintenance, and sterilization of surgical tools are critical to patient safety.
Surgical Training: The education and hands-on experience required to become proficient in performing surgeries. Inadequate training or supervision of surgical residents can lead to errors and malpractice claims.
Surgical Tray: A sterilized tray that holds the surgical instruments and materials needed for a procedure. Proper management of the surgical tray is essential to prevent errors, such as the use of unsterilized tools or leaving instruments inside the patient.
Surgical Trainee Errors: Mistakes made by medical students or residents during surgery, often due to lack of experience or supervision. Errors by trainees can lead to malpractice claims if they result in patient harm.
Surgical Tumor Removal: The process of excising a tumor during surgery. Incomplete removal or damage to surrounding tissues can lead to complications and malpractice claims.
Surgical Wound Care: The management and treatment of a surgical incision after the procedure to promote healing and prevent infection. Inadequate wound care can lead to complications and malpractice claims.
Tissue Damage: Harm to tissues during surgery, which can occur due to improper technique, excessive force, or failure to properly identify structures. Tissue damage can lead to significant complications and malpractice claims.
Trauma Surgery Malpractice: Errors or negligence during emergency surgery to treat traumatic injuries, such as car accidents or gunshot wounds. Trauma surgery malpractice can involve issues like delayed diagnosis, inadequate resuscitation, or surgical errors.
Wrong-Site Surgery: A serious surgical error where the procedure is performed on the wrong body part or side. Wrong-site surgery is often due to communication failures, lack of site marking, or errors in surgical checklists. It’s a common cause of malpractice claims.
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