Arbitration
submitting a dispute for resolution to a person other than a judge.
Cap
limit.
Claims-made insurance
liability insurance that covers the insured party for only the claims made during the time period the policy is in effect (or policy year).
Compensatory damages
an amount of money awarded by the court to make up for loss of income or emotional pain and suffering.
Contributory negligence
conduct on the part of the plaintiff that is a contributing cause of injuries; a complete bar to recovery of damages.
Fraud
the deliberate concealment of the facts from another person for unlawful or unfair gain.
Liable
legal responsibility for one’s own actions.
Malpractice
professional misconduct or demonstration of an unreasonable lack of skill with the result of injury, loss, or damage to the patient.
Mediation
using the opinion of a third party to resolve a civil dispute in a nonbinding decision.
Negligence
an unintentional action that occurs when a person either performs or fails to perform an action that a “reasonable person” would or would not have committed in a similar situation.
Occurrence insurance
also called claims-incurred insurance, liability insurance that covers the insured party for all injuries and incidents that occurred while the policy was in effect (policy year), regardless of when they are reported to the insurer or when the claim is made.
Res ipsa loquitur
Latin phrase meaning “the thing speaks for itself.”
Rider
additional component to an insurance policy.
Settlement
the act of determining the outcome of a case outside a courtroom; settling a case is not an indication of legal wrongdoing.