When people talk about medical malpractice cases, it is easy to feel sympathy for the victim and to immediately assume that the medical professional or medical institution on the other side of the equation is at fault. And in many cases, this is true. But it is also important to recognize that not every medical malpractice case will lead to justice. There are ways for medical professionals and institutions to defend themselves, and we want to cover those possibilities in today's post.
First of all, medical malpractice is a form of standard negligence. That means all defenses related to standard negligence apply. If the doctor argues his or her actions were in line with the medical standard and those arguments are valid, your case may not be too strong, regardless of the heartbreaking circumstances.
There are also defenses around contributory negligence and the respectable minority principle. Contributory negligence is the idea that the patient contributed to the negative medical outcome. Perhaps they took a medication improperly or performed an action they were told not to perform. Respectable minority principle is the idea that if a doctor pursues a more radical form of treatment that is outside the mainstream, it can still be validated if a respectable minority of medical professionals approve of the move.
As always, if you have been wronged by a medical professional or a medical institution, you should get answers to all of your questions. Consulting with an experienced medical malpractice attorney should be your next step in these cases.
Source: FindLaw, "Defenses to Medical Malpractice," Accessed April 6, 2018