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Common forms of defense against medical malpractice claims

Doctors are meant to relieve us of pain and illness not to cause further damage because of negligence. So, it follows that if they do so then they should be held accountable. However, if decent hard working doctors who have done no harm are accused of medical malpractice then they should not suffer. To protect the doctors and medical professionals there are several defenses available that can be used in court.

  • Standard negligence defenses. General defenses used against negligence claims can also be used for medical malpractice claims because medical malpractice also comes under the category of negligence.
  • Contributory negligence. In most cases, the blame lies with multiple parties in the case of an injury, not just the doctor or medical professional. If the accused can provide evidence for the contributory negligence of others then they very well may have a concrete defense against a malpractice claim.
  • Respectable Minority Principle. In certain cases where general or mainstream forms of treatment are ineffective or not an option, the doctor or medical professional may opt for a radical form of treatment that may be new, risky and rarely used. If a respectable minority of medical professionals back this form of healing, it could be used as a defense.
  • Good Samaritan laws. Many states have what are called “Good Samaritan” laws, which protect citizens and even medical professionals who help someone in an emergency situation.

Medical malpractice claims can be extremely complex and trying, so it may be a good idea to contact an experienced attorney near you.

 

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