What Are the Best Defenses Against Medical Malpractice Claims?

As a medical professional, you most likely dedicate your entire life to helping those who need it most. Unfortunately, everyone makes mistakes, and at times, patients can wrongfully accuse doctors of committing an act of medical malpractice when the expected results are not achieved. Please continue reading and speak with our New York City medical defense lawyer to learn more about some of the best defenses against medical malpractice claims. Here are some of the questions you may have:

What constitutes an act of medical malpractice?

When a patient can prove that his or her doctor breached the duty of care owed to the patient, causing the patient to incur significant damages as a result, the patient will most likely have a valid medical malpractice claim. Some of the most common medical malpractice claims include premature discharges, hospital infections, delayed diagnosis, ignoring/misreading medical test results, surgical errors, medication errors, and more. If you’ve been accused of any of the aforementioned, your medical career may be on the line. Our firm is here to help defend you.

How can I defend myself against a medical malpractice claim?

While the specifics of your case will largely influence the defense we use, some of the most common defenses against medical malpractice claims are as follows:

  • Contributory Negligence: If you are being sued for a patient’s injury, our firm may be able to prove that the patient’s injury was, in fact, his or her fault, and that you are not the direct cause of an injury. 
  • Respectable Minority Principle: In certain cases, when a doctor determines that a more drastic form of treatment is necessary, though he still has the patient’s best interests in mind and there are a respectable minority of physicians that would support the prescribed, albeit unorthodox line of treatment, you may have a valid defense against a claim of malpractice.
  • Good Samaritan Laws: Essentially, the Good Samaritan Laws state that if a medical professional sees a person who is in need of emergency medical attention, say, on the street, the doctor may be protected from malpractice accusations if the on-the-spot treatment does not produce a positive result.
  • Statute of Limitations: Simply put, the statute of limitations for medical malpractice claims in New York State is, generally, 2.5 years, and if a patient pursues a medical malpractice claim against you and 2.5 years has elapsed since you treated the patient, there is a very good chance that we can use this to absolve you of such accusations.

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.