Glossary of Legal Terms

Malpractice

Professional misconduct or unreasonable lack of skill; any professional misconduct, unreasonable lack of skill or fidelity in professional or fiduciary duties, evil practice, or illegal or immoral conduct.

Medical Malpractice

Also known as medical negligence. In medical malpractice litigation, negligence is the predominant theory of liability. In order to recover for negligent malpractice, the plaintiff must establish the following elements: (1) the existence of the physicians’ duty to the plaintiff, usually based on upon the existence of the physician-patient relationship; (2) the applicable standard of care and its violation; (3) a compensable injury, and (4) a causal connection between the violation of the standard of care and the harm complained of.

Motion

Written or oral application to court for ruling or order, made before (motion to dismiss), during (motion for directed verdict) or after (motion for new trial) trial.

Municipal Court

The courts of local municipalities.

Municipality

A city, borough, town, township or village.