In order to successfully defendant yourself against a medical malpractice claim you must prevent the plaintiff from proving a required element of the plaintiff’s case. Successful defenses include proving that you did not have a legal obligation to provide care to the patient because a doctor patient relationship did not exist. Another successful defense would be that you provided the same standard of care that a similarly situated reasonable doctor would have provided in the same circumstances. If you acted as any reasonable doctor in your situation would have acted then you are not responsible for medical malpractice even if the patient was harmed. Finally, if the patient did not suffer any harm because of your actions then the plaintiff cannot be successful in a medical malpractice action.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified health insurance lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local health insurance attorney to discuss your specific legal situation.