Those in whose care we put our faith should not do us harm or exacerbate already-existing conditions. Then we want to hold them responsible for the harm they have caused. On the other hand, doctors who don’t cause harm should not be punished. Although these concepts appear straightforward, putting them into action is a lot more difficult. Several medical malpractice defenses are available to doctors accused of malpractice, and this article provides a brief overview of some of them.
The most common defenses for negligence
As a form of negligence, medical malpractice is eligible for many of the same defenses as a general negligence claim. Some doctors argue that their care complied with medical standards, or that the patient’s injuries were not caused by a medical mistake. A common defense to medical malpractice is to prove that the defendant was not negligent. However, there are numerous other defenses that may apply.
Involuntary Misconduct
Sometimes, doctors and nurses are not solely responsible for an injury. There is a valid defense to a malpractice claim for medical professionals who can show that the injury would not have occurred had the patient not been negligent. The doctor may not be held liable for any injuries that result from a patient’s failure to disclose information about his or her medical history or mixing up prescriptions against the doctor’s orders. Norris Injury Lawyers Albertville AL can help prove involuntary misconduct.
Observance of the Rights of Minorities
In some cases, doctors may decide to try a novel or more extreme method of treatment to help a patient. However, even if a respectable minority of doctors disagree with the doctor’s treatment plan, he or she may be able to use this as a defense against a medical malpractice claim. Of course, the doctor must first warn the patient of the potential risks. Failure to sufficiently tell the patient about the potential dangers can result in an informed consent claim.)
Laws of Good Samaritans
Many states have “Good Samaritan” laws that protect persons who come to the help of those in need of medical assistance. Medical workers, such as doctors and nurses, are frequently included in these types of legislation. The doctor will be shielded from civil liability if he or she helps someone in an emergency scenario and something goes wrong. Medical professionals who volunteer to help others owe them the same responsibility of care and treatment that a competent doctor would under comparable or identical conditions.
Restrictions on time
The statute of limitations for bringing a medical malpractice lawsuit varies from state to state. When a damage is detected, the statute of limitations begins, according to the “discovery rule” imposed by some jurisdictions. Medical professionals may be able to dismiss a lawsuit if they can establish that the statute of limitations has expired and that the patient discovered the damage at a specific point in time.