Legal Dictionary – Glossary of Legal Terms

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M

Malfeasance. Commission of a wrongful act; evil doing; wrongful conduct.

Material Fact. Generally, a fact essential to a case or a defense without which said case or defense could not be supported.

Medical Malpractice. Broadly, a claim brought against a health-care professional based on professional negligence wherein the health-care professional violates the applicable standard of care and an injury results.

Member. In relation to health care, a member is a person who belongs to a health care plan, like an HMO

Misdemeanor. Crimes less serious than felonies. In Pennsylvania, the punishments associated with misdemeanors vary according to degree. A misdemeanor of the first degree may be sentenced to a term of imprisonment of not more than five years. A misdemeanor of the second degree may be sentenced to a term of imprisonment of not more than two years. A misdemeanor of the third degree may be sentenced to a term of imprisonment of not more than one year.

Misfeasance. Improper performance of a lawful act.

Mitigation of Damages or Doctrine of Avoidable Consequences. Imposes a duty on victims of a tort to take reasonable steps to minimize their damages after an injury has been inflicted.

Motion. An application made to a judge for the purpose of obtaining an order directing some act to be done in favor of the party presenting the application.

Moving Party. The party presenting the motion to the court. Compare with non-moving party.