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Possible defenses to a medical malpractice claim

On Behalf of | Jul 27, 2018 | Insurance Defense |

Medical malpractice is a serious accusation that can be made by anyone who has stepped foot in your office, has consulted with you or who has received treatment from you in Florida. You can be as careful as possible when talking to or caring for a patient and that patient could still make a medical malpractice claim against you. Here are some possible defenses to medical malpractice if you ever face such an accusation.

The first defense you can use in your case is known as contributory negligence. This is when you tell the court that the malpractice would not have occurred if not for a negligent action taken by the patient. Examples for this defense include patients failing to disclose important parts of their medical history or if the patient mixed medications against the instructions of the doctor.

A doctor or nurse accused of medical malpractice can use the good Samaritan law as a defense. This law protects civilians and professionals from liability if they assist someone in need of medical attention in an emergency. So, if the patient was injured when receiving medical care in an emergency from a doctor or nurse, the doctor or nurse can use this law as a defense to his or her actions.

The statute of limitations can be used as a defense to a medical malpractice claim. If you can prove that the claim was brought against you after the statute of limitations has passed, you should be able to have the claim dropped.

Now that you know the possible defenses available for you to use against a medical malpractice claim, you can put a plan together. Make sure you use the help of an experienced attorney in such an instance so your license is not at risk.


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