If you have been accused of medical malpractice as a medical professional, you may be wondering what options you and your attorney may have for defense. Our experienced medical malpractice defense firm understands the weight that these accusations may have on a medical professional’s livelihood. We will work to fight these charges by exploring many different defense tactics. Continue reading to learn what constitutes medical malpractice and the best defenses against medical malpractice claims that our firm may utilize. Reach out to our firm today to learn more about our services and how we can assist you.
What constitutes medical malpractice?
When a patient proves that their doctor breached the duty of care that was owed to them as a patient, which resulted in the patient incurring damages, they will likely have a valid medical malpractice claim. For example, some of the most common medical malpractice claims include hospital infections, delayed diagnosis, ignoring or misreading medical test results, surgical error, premature discharges, medication errors, and more.
What are the best defenses against medical malpractice claims?
If you have been accused of medical malpractice, you may be wondering what types of defenses can be used against these claims. Some of the most common defenses against medical malpractice claims are as follows:
- Statute of Limitations: The statute of limitations for medical malpractice claims is generally two and a half years in New York. If a patient pursues a medical malpractice claim against you after this time period has elapsed, there is a good chance that your attorney can use this to absolve you of such accusations.
- Contributory Negligence: An experienced medical malpractice attorney may be able to prove that the patient’s injury was their own fault and that you are not the direct cause of an injury.
- Good Samaritan Laws: The Good Samaritan Laws state that if a medical professional sees a person who is in need of emergency medical attention in public, the doctor may be protected from malpractice accusations if the on-the-spot treatment does not produce a positive result.
- Respectable Minority Principle: When a doctor determines that a more drastic form of treatment is necessary and there are a respectable minority of physicians that would support the prescribed, you may have a valid defense against a claim of malpractice to prove that they still have the patient’s best interests in mind.
If you have any further questions about defenses against medical malpractice claims, give our firm a call today.
Contact our experienced New York City firm
When a medical professional is accused of misconduct, they must 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.