Common Defenses in Medical Malpractice Cases

Most of the time, doctors provide skilled medical care and treatment. But mistakes happen. According to many studies, medical errors are one of the leading causes of death in the United States, ranking behind cancer and heart disease. A medical malpractice claim can result when doctors don’t provide an acceptable standard of care.

But doctors have lawyers, and defense attorneys fight back against malpractice allegations. Medical malpractice lawsuits commonly use several defenses. If you think you’ve been the victim of medical negligence, talk to a medical malpractice lawyer to learn about your options for building the strongest possible case.

Medical Malpractice

Medical malpractice occurs when a health care provider’s negligent act or omission causes harm to a patient. If you’re suing for medical malpractice, you have to prove:

• A doctor-patient relationship existed
• Your provider failed to meet the standard of care that similar professionals would provide in the same situation
• That failure caused you harm
• You suffered damages such as lost income and medical expenses

Medical malpractice cases are negligence lawsuits. Medical malpractice claims are a form of personal injury.

The Most Common Defenses to Medical Malpractice

Medical malpractice defense attorneys often make several arguments when defending their clients. Common defenses in medical malpractice claims are the following:

• No duty of care: The defense may argue that there was no doctor-patient relationship. This means the health care provider didn’t owe you a duty of care. This defense occurs when a doctor offers advice but doesn’t explicitly agree to treat you.
• Standard of care: Health care providers must deliver care consistent with what other qualified professionals would provide under similar circumstances. A common defense is that the provider met this standard.
• Lack of causation: A defense lawyer may claim that the doctor’s actions didn’t cause your injuries.
• Contributory negligence: Contributory negligence happens when a patient is partly responsible for their injury. In some states, you can’t bring a claim against your doctor if you were partly responsible for the harm you suffered. For example, you can’t bring a claim if you mixed prescriptions against your doctor’s orders.
• Comparative negligence: Comparative negligence is a defense that claims you contributed to the harm. If successful, the fault is divided between you and the defendant by a percentage determined by the judge or jury.
• Assumption of risk: When claiming an assumption of risk, a defense lawyer argues that you knew and voluntarily accepted the risk of the medical procedure or treatment.
• Respectable minority principle: Sometimes, medical professionals decide to use a new or different type of treatment. Your doctor could have a defense to your medical malpractice claim if a “respectable minority” of medical professionals support the new treatment.
• Good Samaritan laws: Many states have “Good Samaritan” laws. These laws protect people who come to the aid of someone in medical distress from civil liability in emergencies. Doctors, nurses, and other medical professionals are often explicitly included in such laws.
• Statute of limitations: State laws place time limits on filing medical malpractice lawsuits. Some deadlines are as short as one year from the date of the injury. Many states also have a rule in place that extends the statute of limitations. Under the discovery rule, the statute of limitations starts running after discovering the harm.

Impact of Defenses on Case Outcome

A solid defense affects the outcome of the case. A successful defense can lead to the dismissal of the case. In other cases, a good defense will reduce your compensation.

For example, the case is dismissed if the defense proves that the statute of limitations expired.

In states that follow contributory negligence, you can’t recover if you played even a tiny role in the harm you suffered. In comparative negligence states, your compensation is reduced proportionally to your share of fault.

Strategies To Counter Defenses

There are several ways to challenge these defenses.

Expert witnesses play an important role in establishing causation or the standard of care. Your lawyer can challenge the credentials of the other side’s expert witness. You can also highlight potential biases. You can present testimony from your experts to help discredit the defense’s evidence and arguments.

To counter the lack of causation defense, gather medical records, expert opinions, and timeline evidence that shows a direct link between the medical error and the harm suffered.

When facing contributory or comparative negligence defenses, provide proof that you followed your medical provider’s instructions. This includes demonstrating that you complied with treatment plans and followed pre- and post-surgery care instructions.

To counter a statute of limitations defense, show that you filed the lawsuit in the allowed time. If the harm didn’t show up immediately, take advantage of the discovery rule. Provide evidence showing when you discovered the malpractice.

The Importance of Skilled Legal Representation

Medical malpractice suits are complicated for a few reasons. A medical malpractice attorney can be an asset in handling your medical malpractice case.

Effective legal representation is critical in gathering evidence to present a strong case. Medical malpractice cases require a lot of paperwork from doctors, specialists, and insurance companies. Your lawyer knows the rules and requirements for obtaining medical records and expert testimony.

Each state also has different rules and procedures for bringing medical malpractice claims. In some jurisdictions, certain procedures must be followed even before you’ve filed a lawsuit. For example, in some states, you must submit a claim to a panel of experts who decide whether medical malpractice has occurred. Courts will dismiss your lawsuit if you don’t follow this requirement. In other states, you must provide your doctor with advance notice of your legal filing.

Further complicating matters, the statute of limitations differs from state to state.

Talk to a medical malpractice lawyer if you have a medical malpractice claim. They can explain your rights and provide legal advice. Some lawyers also offer a free case evaluation.