Medical malpractice claims may seem straightforward. A patient was harmed because of negligence on the part of a medical professional, thus the medical professional musts pay for his or her substandard care. That’s the way it should seemingly go. But the world of law is complex, and nothing is as straightforward as it seems. Today, let’s take a look at some legitimate defense claims that a doctor could make to deflect liability or nullify a medical malpractice lawsuit.
Medical malpractice falls under the umbrella of general negligence claims, thus common negligence defense tactics can work. The defendant could say that his or her medical care was in line with medical standards, or that an error didn’t occur (or wasn’t the cause of) the ultimate condition that sparked the lawsuit.
The defendant of a medical malpractice lawsuit could also claim that the patient contributed or caused the injury or condition that was allegedly malpractice. An example of this would be mixing up prescription medicines or not taking a medication in the appropriate amounts.
A medical professional can sometimes be accused of negligence during a course of medical action that is not necessarily mainstream. In these more experimental courses of medicine, the doctor could establish that experienced professionals in this experimental field approve of the accused doctor’s action and that it aligned with the standards of the field.
There are also provisions that protect medical professionals if a mistake is made under emergency scenarios. These situations fall under “Good Samaritan” laws. However, it is important to understand that this provision isn’t a universal or comprehensive rule. Patients can still establish negligence in an emergency scenario. It is still important to know that this provision exists, though.
Source: FindLaw, “Defenses to Medical Malpractice,” Accessed July 13, 2015
