Which Defenses Are Effective In A Medical Malpractice Case?

Posted on: 26 January 2022

A medical malpractice claim can be very bad for your medical practice in several ways. You might be forced to settle with the patient filing the claim, which could cost you millions of dollars. A medical malpractice claim can be very damaging to the reputation of your practice. Also, if you are found to be guilty of medical malpractice, you might lose the right to practice medicine, which would be devastating to your career. For this reason, every medical malpractice claim must be taken seriously, and you may need to hire a medical malpractice defense attorney to get the best results.

Duty of Care

To be found negligent, the plaintiff must prove that you breached your duty of care. They will need to show that you failed to operate in a professional manner and failed to look out for the interests of your patient. If they are able to determine this, and if they are also able to prove that they suffered damages, you may be forced to compensate them.

Doctor-Patient Relationships

To be held liable for medical malpractice, you will need to have an obligation to your patient. For example, you are not obligated to accept a patient and establish a doctor-patient relationship. If you help a patient in an emergency situation, you would not be held liable for damages that the patient suffered under good samaritan laws.

Reasonable Care

If you do have an established relationship, your medical malpractice defense attorney may be able to prove that the care you provided to the patient was reasonable based on the circumstances. Also, they might be able to prove that another medical practitioner would have made the same decisions under the same circumstances.

Comparative Negligence

Sometimes, the patient is partially at fault for their own injuries. For example, the patient might be considered partially at fault if they took actions that lead to them becoming injured. If this is the case, you may only be liable for a smaller percentage of the damages suffered by the patient.

The Respectable Minority Principle

When you decide to perform a radical treatment after previous treatments failed, you may not be held responsible under the respectable minority principle. Under this principle, a minority of respected physicians must agree that the treatment was warranted. Because there are many ways in which you may be able to defend your practice, it's important to not give up hope and to always speak to a medical malpractice attorney.

Contact a medical malpractice attorney near you to learn more.