The Previous Medical State in Medical Responsibility

The preexisting medical condition is a very broad concept which cannot be reduced to a medico-legal aspect when assessing medical liability and evaluating damages. It is a source of responsibility for the surgeon in the diagnosis, the choice of indication, the performance of the procedure and the monitoring of the patient. The pre existing medical condition is also taken into account in the assessment of the conditions of treatment by ONIAM of a medical accident for which no fault is found. Finally, if the evaluation of the damage resulting from a medical accident does not include compensation of the previous condition, this principle is not absolute.