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What are some defenses to medical malpractice?

On Behalf of | Apr 27, 2016 | Firm News, Medical Malpractice |

Although medical professionals have years of education and training, one seemingly small mistake can leave a patient with serious harm. A surgical error, medication error or a missed diagnosis can leave an individual with a worsened medical condition, a decreased chance of survival, or death. Though a medical malpractice claim may bring a victim much needed compensation for his or her damages, it is no guarantee. To succeed on such a lawsuit, an individual must be prepared.

One way to be prepared before entering the legal arena and drafting legal arguments is to become knowledgeable of the defenses one may face. When it comes to medical malpractice, there are many defenses. First, a negligent doctor, nurse, or hospital may claim that the care provided to the victim was in line with acceptable medical standards. Second, the defendant might claim that the injuries were not caused by medical mistake. These are, perhaps, the most common medical malpractice defenses.

There are other, more complicated defenses, though. Among them is contributory negligence. Under this theory, a medical professional claims that the victim was partially at fault for his or her own injuries. This can happen when a patient fails to disclose his or her medical history or when he or she takes medication in contradiction to doctor’s orders.

Once a medical malpractice victim knows what type of defense he or she might face, then he or she can start to craft a strong legal strategy. This means assessing the evidence, preparing witnesses, and crafting legal arguments based on the facts and statutory and case law. To pull off successfully, many find the assistance of a legal professional beneficial.