Introduction to Law

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iv. Commonly used terminology in



Medical Law








 Prescription Error: A form of medical malpractice that occurs when a

patient does not receive the appropriate medication, at the right

dose, at the right time. A Florida prescription error can often cause

harm to a patient, and in some circumstances, can even lead to

death. A Florida prescription error is considered medical malpractice

when a medical professional’s negligence or mistake led to patient

harm.


 Plaintiff: The party who initiates a legal action; in a personal injury

lawsuit, the person who alleges that he or she has suffered injury and

damage due the negligence of another party.

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iv. Commonly used terminology in



Medical Law








 Pleadings: Written documents stating the allegations and claims of the

opposing parties in a legal dispute.


 Preponderance of Evidence: The relative weight, credit and value of

the evidence presented by adversaries in a trial. In a civil trial, the

jury is charged with reaching a verdict based on this standard, as

opposed to the “reasonable doubt” standard in a criminal trial.


 Professional Services: Services for which a person is licensed, trained

and qualified to perform in the capacity of a healthcare provider.

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iv. Commonly used terminology in



Medical Law








 Rebuttal: Evidence that attempts to explain, counteract or disprove

facts given in evidence by the other party.


 Re-direct Examination: Opportunity to present rebuttal evidence after

one’s evidence has been subject to cross-examination.


 Retainer: Advance payment of fees, or fees and costs, made by a

client to an attorney when the client retains the attorney to act for

him or her.

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iv. Commonly used terminology in



Medical Law








 Standard of care: The prevailing professional standard of care for a

given health care provider shall be that level of care, skill, and

treatment which, in light of all relevant surrounding circumstances, is

recognized as acceptable and appropriate by reasonably prudent

similar health care providers.


 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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iv. Commonly used terminology in



Medical Law








 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.


 Tort: A civil wrong or wrongful act, whether intentional or accidental,

from which injury occurs to another.


 Transcript: The official verbatim record of court proceedings.



 Trial: A formal presentation of facts to a court or jury in order to
reach a legal resolution.



 Wrongful Death: A death that occurs because of someone else’s

malice, negligence, or recklessness.