How to Defend Yourself Against a Medical Malpractice Claim

If you are a physician and are being charged with medical malpractice, you most likely know that a guilty conviction could cost you millions and terminate your right to practice medicine. This is why it is so important you hire an experienced medical defense attorney who has what it takes to fight a medical malpractice claim. To learn more about how you may protect yourself from claims of medical malpractice, continue reading and speak with our experienced, trustworthy firm.

What is legally considered medical malpractice?

To prove a medical malpractice claim, your patient and his or her attorney will have to prove that you breached the standard of care, meaning you failed to ensure you were conducting yourself professionally and with constant regard to your patient’s safety. If you behave negligently, harm a patient, and he suffers serious damages as a result, he may try to sue you for medical malpractice.

What are some examples of medical malpractice?

Physicians can behave negligently in several different ways, including, though certainly not limited to:

  • Making surgical errors
  • Performing wrong-site surgery
  • Improperly medicating or dosing patients
  • Poor follow-up or aftercare
  • Failing to diagnose or misdiagnosing a patient
  • Anesthesia errors
  • Failing to order proper testing
  • Performing unnecessary surgery
  • Prematurely discharging patients
  • Patients contracting infections from poor hospital conditions

How can I defend myself against a medical malpractice claim?

An experienced attorney can use a wide array of potential defenses, depending on what pertains to your specific situation. Some of the most common defenses against medical malpractice claims are as follows:

  • Statute of limitations: If a patient of yours took longer than the legally-acceptable window of time to file a lawsuit against you, the case may be dismissed. The statute of limitations in New York is three years.
  • Contributory Negligence: Sometimes, if you can prove that a patient was at least partially responsible for the injuries he or she has sustained, you may successfully defend your practice.
  • Good Samaritan Laws: Doctors who come to someone’s aid in an emergency situation are generally not held liable if the patient does not make it, or has their condition worsen as a result of the doctor trying to help.
  • Respectable Minority Principle: When a physician believes it is time for a more drastic line of treatment and a patient is harmed as a result, he or she may try to file a medical malpractice lawsuit against the physician. However, as long as a respectable minority of physicians would support the treatment you prescribed, you may have a valid defense.

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.