Physician Malpractice: What Constitutes Negligence

Physician malpractice is common in the United States and is the reason for thousands of injuries each year.  The definition of medical negligence occurs when a medical practitioner acts in a negligent manner when treating a medical condition.  Malpractice can occur from actions taken or by the failure to take medically appropriate action.  Examples of medical malpractice include:

• Failure to diagnose
• Misdiagnosis of a disease or medical condition
• Failure to provide appropriate treatment for a medical condition
• Unreasonable delay in treating a diagnosed medical condition

A medical professional may also be legally liable if the patient does not give informed consent to a medical procedure that results in harm to the patient, even if the procedure is performed properly.

Anesthesia Errors

When used improperly, anesthesia may cause serious injury and even death.  Anesthesia errors can be caused by a number of different reasons.  The principal causes are:

• The anesthesiologist’s administration of anesthesia to an allergic patient
• An anesthesia overdose
• Failure to instruct the patient not to eat or drink within 24 hours of surgery
• Harmful interactions between anesthesia and other drugs in the patient’s system

Informed Consent

Negligence by a physician can happen when the doctor does not tell a patient that a surgical procedure has a 50% chance of causing paralysis.  If the patient has the operation and becomes paralyzed as a result, the doctor can be held liable, even if the operation was performed correctly.  The patient might have refused the surgery if the risks were known.

Medical malpractice law is a highly technical and specialized field.  Therefore, it is important to seek out qualified and professional medical malpractice attorneys who will be able to handle your specific case.  If a physician or other medical professional has caused you harm due to negligence, you are entitled to receive medical compensation.