What to Know About Medical Malpractice Defenses

If you are facing accusations of medical malpractice as a medical professional, you are likely wondering about your options for defense. Our New York health care professional defense lawyers are prepared to assist you. We understand the weight that these accusations can have on a medical professional’s future and livelihood. Our legal team will work to fight these charges by exploring many forms of different defense tactics. To learn what constitutes medical malpractice and the best defenses against medical malpractice claims that our firm may utilize, continue reading and reach out to our legal team today.

What constitutes medical malpractice?

In order to have a valid medical malpractice claim, a patient must prove that their doctor breached the duty of care that was owed to them, resulting in the patient incurring damages. Some of the most common medical malpractice claims include delayed diagnosis, hospital infections, ignoring or misreading medical test results, premature discharge, medication errors, surgical errors, and more.

What are the best defenses against medical malpractice claims?

The most common defenses that are used against medical malpractice claims include the following:

  • Statute of Limitations:¬†In New York, the statute of limitations for medical malpractice claims is generally two and a half years. If a patient pursues a medical malpractice claim against their doctor after this timeframe elapses, the medical professional’s defense attorney can likely use this to absolve the accusations.
  • Contributory Negligence:¬†With the assistance of an experienced medical malpractice attorney, medical professionals may defend themselves by proving that the patient’s injury was their own fault and that they were not the direct cause of the injury.
  • Good Samaritan Laws:¬†The Good Samaritan Laws states that if a medical professional sees a person who is in need of emergency medical attention in public, the medical professional is protected from malpractice accusations for on-the-spot treatment if the treatment does not produce a positive result.
  • Respectable Minority Principle: When a more drastic form of treatment is found necessary by the doctor and there are a respectable minority of physicians that would support the prescribed, this may provide a valid defense against a claim of malpractice to prove that they still have the patient’s best interests in mind.

To learn more about defending yourself against a medical malpractice accusation, give our experienced New York health care professional defense lawyers 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.