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Medical Malpractice/Negligence occurs when a physician fails to properly treat a medical condition and the negligent act or omission is the cause of a new or aggravated injury to the patient. The health care provider’s treatment must fall below the standard of care acceptable for that particular health care treatment. The negligence in medical malpractice cases can occur in a variety of situations including but not limited to: 

  • There may be medical malpractice by a delay or failure in diagnosing a disease; or 

  • A surgical or anesthesia related mishap during an operative procedure could constitute medical malpractice; or 

  • Malpractice may involve the physician's failure to gain the informed consent of the patient for an operation or surgical procedure; or 

  • A physician who has made the correct diagnosis, may thereafter commit malpractice by failing to properly treat the disease process; or

  • A physician may commit misrepresentations and even violate the Texas Deceptive Trade Practices Act by not being completely honest about his level of expertise

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