Malpractice Glossary Terms

The castle doctrine simply creates a presumption that one has acted in self defense.

Also known as “prescriptive periods”. In civil law, these are the laws that detail the maximum period of time that legal proceedings may be enacted after certain events. In common law, these legally maximum periods of time to begin legal proceedings are referred to as “statutes of limitation”.

The accepted level of care and caution that a prudent and reasonable individual should use when providing care for others. If a medical professional performs their duties in a way that breaches the “standard of care”, they may be found to have been professionally negligent.

In common law, the law that details the maximum period of time that legal proceedings may be enacted after certain events. The statute of limitations will vary by the event and by state and country. In civil law, these legally maximum periods of time to begin legal proceedings are referred to as “periods of prescription”.

An agreement for the financial settlement of a lawsuit to be paid out in installments rather than in a lump sum. Structured settlements usually result from large settlements and are often created through the purchase of annuities. The payments can be structured in any way the parties choose (monthly, yearly, quarterly, etc.). Structured settlements are common in large recovery cases.