Doctors shouldn’t harm patients or make existing illnesses and injuries worse. If they do, people should be able to hold them liable for damages. However, good physicians should not face punishment for the harm they didn’t do. There is a variety of defenses that Lawyers in Longview TX can use for doctors accused of malpractice, and the article below will introduce some of those defenses.
Standard Negligence
Malpractice is a type of negligence. Therefore many of the same defenses can apply. For instance, a doctor can say that the care provided was consistent with the standard of the profession, or that a patient’s injury wasn’t the result of a mistake.
Contributory Negligence
In many cases, the doctor isn’t the only one responsible for an injury. If a physician can prove that an injury wouldn’t have happened if not for a patient’s negligence, they may have a defense against a claim. For instance, if a patient took too many drugs or failed to completely disclose their medical history, the doctor may be absolved of responsibility.
The Principle of Respectable Minority
At times, doctors decide to pursue a new avenue in order to provide effective treatment. While that decision may put a doctor outside the norm, they may have a defense to malpractice claims if the treatment is supported by “respectable minority” of doctors. However, the patient must be informed of the risks of treatment for this defense to apply.
Good Samaritan Law
Many US states have laws that protect people who help those in medical trouble. Nurses, doctors, and other professionals are often included in these laws; if a doctor helps someone in an emergency, they are protected from liability if something goes wrong. However, if a professional volunteers to help someone, they’re under the same duty of treatment as other, similar physicians.
The Statute of Limitations
State law puts limits on when legal action can be brought. Some states have a discovery rule that says the statute of limitations doesn’t start until an injury is discovered. If a doctor can show that a patient discovered an injury after the statute of limitations has passed, the case may be dropped.
Medical malpractice can be a complex area of law. If a person believes that they have a claim, or if they want to know about their legal responsibilities and rights as a patient, they should call Lawyers in Longview TX such as Martin Walker.
