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Medical Malpractice Claims for Omissions

by David Peel on January 17, 2014

Medical Malpractice Claims for OmissionsA doctor can sometimes be sued for medical malpractice because of omissions. Doctors have a duty to inform their patients about risks, side effects, and other important information when providing treatment. However, it is important to know that not everything a doctor omits is grounds for a medical malpractice claim.

In medical malpractice claims for omissions, the doctor needs to fail to disclose something that another doctor would have informed the patient of. This usually means that a court will look at how likely it was that the risk or side effect would occur. So, if a doctor did not tell a patient about a risk or side effect that only happens less than one percent of the time, that might be a remote enough occurrence that a doctor would omit telling the patient about it. This is because a doctor is not expected to inform a patient of each and every risk or possible effect.

In medical malpractice claims for omissions, the patient needs to show that he would not have proceeded with the treatment if the doctor had not omitted the risk or possible side effect. In these cases, the court looks at whether a patient with the same medical history and condition would have opted to not have the treatment if the risk or side effect was disclosed. Again, the doctor is not expected to inform a patient of each risk or possible side effect. The doctor can omit to tell a patient about a remote risk or possible side effect.

Doctors do have to disclose risks or possible side effects that are likely to occur. An omission of a risk that is likely to occur and could cause harm to the patient or could cause the patient to opt out of the treatment could make the doctor liable for medical malpractice.

If you or someone you know is interested in more information on medical malpractice for omissions, please contact Mr. Peel through his website PeelLawFirm.com. Mr. Peel is very involved in the Christian community. He is often asked to address various groups. Mr. Peel practices throughout the West Tennessee area. His office is located in Millington, Tennessee.

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