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Glossary

Glossary

Here are a list of personal injury and clinical negligence glossary items: 

Affirmation | When the innocent party, aware of a matter which would justify him ending the contract (e.g. breach of contract or misrepresentation) does not end the contract.

Agency | An authorised agent may bind his Principal (the person who authorised him) to a contract with a third party.

Agoraphobia | Agoraphobia is fear and avoidance of certain situations, typically being a long way from home, in a crowded place, or on public transport.

Amputations | An amputation is the vascular surgeons' operation of last resort and is done for two reasons:

Anaesthetics | Toxic side effects of local anaesthetic drugs occur when excessive blood levels occur.

Anaphylaxis | Anaphylaxis is a severe, potentially fatal, allergic reaction involving several organ systems in response to a specific trigger or allergen. Clinically the key features are the presence of respiratory difficulties and shock.

Asbestos Related Lung Disease | A number of respiratory disease are recognised as being linked to previous asbestos exposure. They are; benign pleural thickening, where the lining of the lung are thickened and often hardened by calcium or calcified;. asbestosis where the lung tissue its

Ataxic Cerebral Palsy | This rare form of cerebral palsy affects the sense of balance and depth perception.

Athetoid Cerebral Palsy | Athetoid cerebral palsy is caused by damage to the cerebellum or basal ganglia.

Barrister | Barristers are instructed by solicitors. They specialise in a particular field of law and can present a case in any court.

Birth Injury | Common birth injuries include skin irritations, paralysis, fractured bones, brain injury and nerve damage.

Brain Injury | Impact or vigorous acceleration/decceleration resulting in injury to the brain or its coverings to cause primary or lead to secondary injury.

Breach | Where a party to a contract does not comply with a contract term. Every breach gives rise to a claim for compensation in the civil courts.

Cauda Equina Syndrome | The most common cause of Cauda Equina Syndrome results from a prolapsed disc pressing on the bundle of nerve roots at the base of the spinal column.

Cerebral Palsy | Cerebral palsy is not one disease or illness: the term covers a range of movement problems. Sometimes a cause can be found: usually cerebral palsy is due to underdevelopment of a particular part of the brain, either before or after birth. Occasionally it

Civil law | Concerned with the relationship between individuals. A civil action is generally brought by the person who has been injured or otherwise suffered loss as the result of a wrong which only directly affected him (e.g. trespass to private land). Usually the claim will be for compensation.

Claimant | The name given to the person who brings a civil action.

Condition | An important term of a contract which, if breached, entitles the innocent party to terminate the contract as well as claim compensation.

Consideration | The 'price' in a contract for the other party's promise. The 'price' may be a promise or an act (e.g. promise of payment ). A party can only sue on a promise if he has given consideration (something) in return for the promise.

Contract | A legally binding agreement. There must be certainty, consideration and a mutual intention that the agreement should have legal effect. Generally a contract does not have to be in any particular form, an oral agreement may be binding.

Criminal law | Concerned with the relationship between the individual and the general public. Criminal actions (e.g. motoring offences) are usually brought by the state. The principal function of criminal proceedings is to punish the offender. Criminal cases are tried by a magistrates' court or a crown court.

Damages | Compensation for breach of contract. The aim is to put the innocent party as far as possible in the financial position he would have been in but for the breach (e.g. with defective goods, damages would cover at least the cost of repair).

Defendant | The person against whom legal proceedings are brought.

Description | Where there is a sale of goods by description, it is a term of the contract that the goods correspond with the description; otherwise the buyer may reject the goods. A sale is by description where the buyer cannot verify the description of the goods before sale (e.g. tinned goods).

Encephalopathy | Encephalopathy is a term for any diffuse disease of the brain that alters brain function or structure.

Epilepsy or Blackouts | Obviously in blackouts, the patient has no symptoms which are of the warning or after effects. The characteristics of these symptoms are important to the doctor for making a diagnosis as is a witness account if available.

Erbs Palsy | Brachial Plexus Palsy, also referred to as Erb's Palsy, is a condition that affects the nerves that control the muscles in the arm and hand.

Exclusion clause | A clause in which a contracting party seeks to exclude himself from liability.

Failed Sterilisation | Wrongful Births fall into two categories. The first is failed sterilisation or failed vasectomy. The second arises where parents have not been warned, as a result of incorrect screening, that a child may be born with a specific disability and if they had...

Fitness for purpose | Where goods are sold by a trader, they must be reasonably fit for the buyer's own particular purpose, provided the buyer made his purpose known (expressly or implied) and reasonably relied on the seller's expertise. Where goods are bought for their usual purpose, notification of the buyer's purpose is implied.

Glaucoma | Glaucoma is the result of increased pressure within the eye leading to damage of the optic nerve (which carries the images we see to the brain).

Head Injury | Complications are not always immediate following head injury so careful observation for at least 24 hours is required by a responsible adult.

High court | Court in which the most substantial civil actions are brought.

Jaw Fractures | Broken jaws are usually the result of trauma directly to the face. Fractures of the lower jaw, the mandible, are more common than those to the upper jaw, the maxilla.

Lawyer | General term for any person who is professionally qualified to practise law.

Limitation clause | Clause in which a party seeks to limit his liability to a particular sum of money, or otherwise to restrict a right of action (e.g. by imposing a time limit on notifying a claim).

Medical Malpractice | Sometimes referred to as medical negligence, it applies to doctors, hospitals, and other health care professionals. As with general negligence, it describes conduct that deviates from a reasonable standard of care. It is usually necessary to prove that deviation by the testimony of expert witnesses in the same field of practice in which the health care worker was engaged at the time of the incident.

Mesothelioma | Mesothelioma is a rare form of cancer in which malignant (cancerous) cells are found in the mesothelium, a protective sac that covers most of the body's internal organs.

Misrepresentation | An untrue statement of fact which induces someone to enter into a contract (e.g. someone decides to buy a car on being (falsely) told by the seller it has only had one lady owner). Misrepresentation makes a contract voidable and may give rise to a damages claim.

Mixed Cerebral Palsy | About 10 percent of children with cerebral palsy have what is known a mixed-type cerebral palsy.

Negligence | To establish Negligence in the legal sense it is necessary to prove that the defendant owed the claimant a duty of care and that he breached that duty by failing to observe the standards of the reasonable person. If the claimant succeeds, compensation will be in the form of damages.

Noise Induced Hearing Loss | Noise Induced Hearing Loss You are at: Home / Noise Induced Hearing Loss Noise Induced Hearing Loss Noise induced hearing loss is the irreversible damage resulting in hearing loss and occasional tinnitus associated with being exposed to excessive levels of industrial noise.

Obstetric Cholestasis | Obstetric Cholestasis is a liver disorder that affects approximately 1% of pregnant women and continues until delivery.

Occupational Bronchitis | Occupational Bronchitis is the response of the lungs to constant irritation, e.g. from cigarette smoke, air pollution, dust, irritant vapours and gases.

Occupational Emphysema | Occupational Emphysema is a disease of the alveoli, the microscopic sacs at the very end of the air passages, where the blood picks up oxygen from the air and releases carbon dioxide.

Pressure Sores | Pressure sores are wounds that occur from tissue breakdown as a result of unrelieved pressure over a particular body site.

Probate | When a person dies having left a will, a grant of probate is often needed as official proof of the identity and appointment of the executors.

Quadriplegic Cerebral Palsy | Quadriplegic cerebral palsy is when both arms and both legs are affected. Usually the trunk and muscles that control the mouth, tongue, and windpipe are affected as well.

Quote | A 'quote' is different to an 'estimate' - the distinction is an important one because a quote usually constitutes an offer by the contractor to do the job for the quoted price, whereas, an estimate will not normally be the contract price.

Reasonableness | Generally this is a question of fact depending on all the circumstances.

Repetitive Strain Injury | Repetitive strain injury (or chronic work related upper limb pain syndrome) is the common cause of discomfort of the wrist and arm which usually occurs in typists and computer users and is now a common cause of litigation.

Respiratory Distress Syndrome | Respiratory distress syndrome is one of the most common lung disorders in premature infants and causes increasing difficulty in breathing.

Spastic Cerebral Palsy | Spastic cerebral palsy is the most common type of cerebral palsy, accounting for nearly 80 percent of all cerebral palsy cases.

Spinal Cord Injury | Spinal cord injury (SCI) occurs when a traumatic event results in damage to cells within the spinal cord or severs the nerve tracts that relay signals up and down the spinal cord. The most common types of SCI include contusion (bruising of the spinal cord

Termination | A buyer's right to end a contract for a serious breach committed by the seller. The buyer rejects the goods and in return gets a refund. In addition, a buyer may be entitled to damages.

Third party | Someone who is not a party to the contract (e.g. the recipient of a gift).

Tort | A civil wrong, the victim of which is entitled to redress in the civil courts.

Ulnar Nerve Neuritis | The ulnar nerve is at risk of injury behind the medial epicondyle and the tip of the elbow (olecranon) where it lies in a superficial position.

Vibration White Finger | Vibration White Finger is a recognised condition which affects workers using vibatory, rotating or percussive hand guided power tools.Vibration White Finger is a recognised condition which affects workers using vibatory, rotating or percussive hand guided power tools. Exposure to such vibration can damage the fingers, hands and arms causing impaired blood circulation, damage to nerve supply and muscoskeletal damage. Symptoms include tingling sensation and numbness or whiteness of parts of the fingers which can become worse in cold weather. More severe symptoms include severe loss of grip strength and reduced dexerity.

Whiplash Injury | Rapid changes of velocity from car or sports injuries cause violent flexion and extension movements in the neck.

Wrist fracture (colles fracture) | In a Colles or wrist fracture the mode of injury is usually a fall on the outstretched hand, which results in the hand being forced upwards and backwards. The distal end of the radius is sometimes broken in association with the distal part of the ulna.



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