Jan. 11 Blog – Medical Malpractice Law

Medical malpractice occurs when a medical practitioner acts in a negligent manner during the treatment of a medical condition. Malpractice can be the result of an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include: failure to diagnose, or misdiagnosis of a disease or medical condition; failure to provide appropriate treatment for a medical condition; unreasonable delay in treating a diagnosed medical condition. The laws and regulationss governing medical malpractice lawsuits in each state can vary significantly.

A medical professional may also be held liable if a patient does not give “informed consent” to submit to a medical procedure that results in harm to the patient, even if the procedure is performed properly. For example, if a doctor does not inform a patient that a surgical procedure has a one in two chance of causing paralysis, the patient has not been given the necessary information to make an informed choice to either have or opt out of the operation. If the patient is paralyzed as a result of having such an operation, the practitioner may be liable even if the operation was performed without any mistake or irregularity, simply because the patient might have refused the surgery if he or she had been fully informed of the risks involved.  If the patient is not harmed by the physician’s mistake, the patient cannot recover damages as the result of the error.  However, if a patient undergoes an unnecessary surgical procedure, such a situation most likely would support a malpractice action.

Mueller Hillin specializes in medical malpractice cases in Philadelphia, Atlanta, Houston and Austin. If you believe that you or a loved one have been a victim of medical malpractice, you should act promptly to preserve your rights.