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Defending yourself against a medical malpractice claim

On Behalf of | Nov 30, 2021 | Medical Malpractice Defense |

Even with decades of experience, you may find yourself facing a medical malpractice suit. It can be a stressful experience, given what is at stake. Your reputation and probably, your license may be on the line if you are found negligent in discharging your medical duties.

How do you go against the charges against you and clear your name? Read on to find out more about the possible strategies your defense may employ.

Is the expert testimony reliable?

Challenging the plaintiff’s expert testimony may be an effective strategy. Usually, in a malpractice lawsuit, a medical expert is called in to testify on the plaintiff’s behalf. However, if you dispute the expert’s qualifications and convince the court that they are not qualified to speak on the matter, they may not be allowed to testify.

Did the patient contribute to their injuries?

You could use this defense if the patient contributed to their injuries in any way. Failure to follow a doctor’s medical advice cannot form the basis of a malpractice claim. For instance, if you instructed the patient not to lift heavy loads and they did not heed your advice. If this affected their recovery, they cannot claim that your treatment was substandard.

Did the patient consent to risk?

Suppose you told your patient that there was a new, radical method of treatment for their condition. It has had promising results, but there are risks involved. You also informed them of the risk involved with that procedure, and they agreed to the procedure anyhow. In that case, you could have a valid defense if your treatment method is backed by a respectable minority in the medical profession.

It is crucial to make informed decisions

Knowing what to do when going against a medical malpractice claim is as useful as knowing what not to do. Therefore, it is important to be prepared and ready, just in case you find yourself in the thick of it.


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