How Can an Attorney Defend me Against Medical Malpractice Accusations?

It is very serious when a medical professional is facing malpractice accusations. This is because these situations have the potential to jeopardize their career. When facing these situations, it is crucial for a medical professional to retain the services of an experienced New York medical defense attorney to protect their livelihood and future.

What is Medical Malpractice?

Medical professionals who violate the standard of care they are required to provide patients with can be guilty of medical malpractice. This may be the case in the event of the following: 

  • Failure to diagnose or misdiagnoses
  • Anesthesia errors
  • Failure to order proper testing
  • Failure to recognize symptoms
  • Misreading or ignoring laboratory results
  • Unnecessary surgery
  • Premature discharge
  • Hospital infections
  • Surgical errors 
  • Wrong-site surgery
  • Improper medication or dosage
  • Poor follow-up or aftercare

What are Defenses to Malpractice Accusations?

Malpractice is a form of negligence. The most common defense against these accusations is to prove negligence did not occur. In addition to this, the following are other potential defenses for a case that an attorney may use:

  • Contributory Negligence: If a doctor can prove that the patient would not have suffered if it weren’t for their own negligence. This may happen if a patient does not disclose their medical history or condition and suffered as a result.
  • Respectable Minority Principle: If a doctor felt a more drastic or radical form of treatment was needed and a patient was injured, it may call for a malpractice claim. However, if a respectable minority of medical professionals supported the treatment, this may be used as a defense. 
  • Good Samaritan Laws: If a doctor helps a person in an emergency, they can be protected in the event that an injury takes place during the rescue.
  • Statute of Limitations: There is a time limit on how long a patient can wait to pursue legal action. In New York, the deadline for malpractice claims is three years. If it can be proven that a patient did not meet the statute of limitations, the case may be dismissed.

Contact our Firm

When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation.