Exploring Defenses to Medical Malpractice Claims

When a victim’s healthcare provider fails to provide standard treatment or care, the patient may sue the provider for medical malpractice. However, not all cases of medical negligence lead to a valid malpractice suit as described by LOURIE, CHANCE, FORLINES, CARTER & KING, PC. Healthcare providers, along with their insurance companies, have various defenses to refute the allegation. Some common affronts to medical malpractice cases that might negatively affect the ruling include:

Lack of Negligence

Presumably, one of the most obvious grounds in defense of a malpractice suit is to assert that the healthcare provider did not enact negligently. The plaintiff must establish nonfeasance to win a lawsuit for medical malpractice. The provider’s standard care and skills are expected of a reasonably competent provider under alike circumstances.

Contributory Negligence

Contributory negligence is a lawsuit defense that may be utilized to allege that the plaintiff is responsible for all or part of the damages. Contributory negligence bars compensation if one can discover that the plaintiff’s behavior was too risky. The affront might be that the patient rejected the provider’s attorney or failed to notify crucial medical information.

Assumption of Risk

A defense of the assumption of risk is put forth to establish that the patient was aware of and accepted the risks associated with a particular treatment or course of action. The assumption is that if the patient was substantially knowledgeable regarding the risks and still consented to the treatment, they are estopped from receiving any consideration for any claimed losses or damages caused by the risk. Again, the defense has to prove that the patient fully understood the risks associated with their treatment and signed the consent before the treatment commenced.

Statute of Limitations

A specified duration is accorded to patients to file a civil suit for medical malpractice. It implies that if a patient does not file the case within the defined period, the suit will be time-barred, which means that the patient cannot file for the claims. The defendant can claim the case was filed after the stipulated time hence demanding that the case be dropped.

Medical malpractice is often a hotly contested issue given the complexity associated with the specifics of the services. It is, therefore, crucial for patients intending to institute legal suits to understand the defenses likely to be accreted to their claims. If you believe you’ve been injured as a result of medical malpractice, please consult with an experienced personal injury attorney to acquire recommendations and possible representation. 

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