3 Defenses That Can Be Used Against You In A Medical Malpractice Lawsuit

When it comes to getting medical treatment, so much can go wrong - this is especially the case in an emergency situation. If you feel that you didn't receive the best treatment and that your health actually suffered more because of it, then you can file a medical malpractice case against the doctor who cared for you. However, you should be prepared to play hardball, because the doctor and medical facility won't take it lying down. Here are three defenses that can be used against you in a medical malpractice lawsuit.

1. Treatment met the standard of care for the profession.

One thing that the doctor and the medical facility will do to defend themselves is assert that the treatment you received met the standard of care for the profession. What this means is, no matter which doctor you saw or which medical facility you went to, the common course of treatment for your condition would have been the same as what you received. If you aren't questioning your particular doctor's skill level or expertise, this defense can cause a lot of trouble for your malpractice case.

2. Contributory negligence on the part of the patient.

Another defense that can be used against you in a medical malpractice case is that of contributory negligence. This is when the doctor asserts that the patient contributed to the problems they claim the doctor is at fault for. This could mean that they are accusing you of not being completely forthcoming with your medical history or your symptoms, or they could claim you didn't follow their instructions for post-treatment care. Either way, if they can prove that you contributed to your problem, it can greatly affect the outcome of the case.

3. They argue the respectable minority rule can be applied to your situation.

Because the medical field is always changing, there are several different ways many illnesses and conditions can be treated - and new treatment methods are being discovered all the time.

Even if you feel that your doctor used a method of treatment that wasn't mainstream, the doctor can still be found innocent of malpractice if the respectable minority rule can be applied. The respectable minority rule allows that, as long as the treatment used is deemed acceptable by a respectable minority in the field, a doctor can be cleared of malpractice allegations against them.

None of these defenses mean that your case has no merit or that you will lose. With a good attorney like one from Otorowski Johnston Morrow & Golden P.L.L.C. fighting on your behalf, you always have the possibility of winning your medical malpractice case.

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