Doctors should not cause their patients harm or make their existing illnesses or injuries worse. Those who do will be held accountable for the damage they have done. Similarly, great doctors should not be punished for harm they did not cause. There are defenses available to medical professionals accused of malpractice and they should work with the best lawyers from Call & Gentry Law Group to increase their odds of winning their case.
Standard Negligence
Because medical malpractice is a form of negligence, a lot of the defenses allowed against general negligence claims are viable against malpractice claims. For instance, a medical professional may argue that their car was in line with the standard upheld in their profession. Or they may argue that the injuries of the patient did not result from a medical error.
Contributory Negligence
If a doctor can show that the patient’s injury may have resulted from the negligent act of the latter. Or the practitioner may have a valid defense against a malpractice claim. For instance, if the patient mixed prescriptions without the approval of the doctor or did not reveal major elements of their medical history, the medical professional may be off the hook for any resulting injuries.
Respectable Minority Principle
In some instances, doctors decide to pursue a new or more radical type of treatment to effectively treat a patient. Although their decision may put them outside of the medical mainstream, they could have a valid defense to a medical malpractice claim if this line of treatment is supported by a respectable minority of medical professionals. Sure, the medical professional should inform the patient about the risks involved. Otherwise, this can result in a lack of informed consent claim.
Whether you have a medical malpractice claim or want to challenge such a claim, you should consult with an experienced medical malpractice attorney. Your lawyer will help you understand your position in the battle.
