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The many ways a medical malpractice claim can be defended

Medical malpractice is a loaded term in many ways. It immediately puts an idea in someone's head that the medical professional or institution was somehow at fault for any and every mistake that has ever been levied against them. In truth, many cases of medical malpractice are successfully defended, and even the ones that are settled often have mitigating circumstances that may not necessarily substantiate the plaintiff's claims.

There are many ways that the defendants in medical malpractice cases can successfully defend the charges against them.

The first thing to realize is that these lawsuits often hinge on a simple question: would the same results occur if the same standard of care was applied at a different medical provider? If the same results would have occurred, then it's hard to argue the medical provider was negligent.

Regardless, there are a few defense tactics a defendant can use. The first is standard negligence defenses. Since medical malpractice falls under the legal umbrella of negligence, you could argue that your actions or medical care were in line with the standards.

An argument could made for contributory negligence, which means that another party -- possibly even the patient -- was partially responsible for the injuries the patient suffered.

There are even unique situations such as Good Samaritan situations that could play into your case. This means that if the medical professional was providing medical care in an emergency situation outside of their medical institution, they are shielded from civil liability.

Source: FindLaw, "Defenses to Medical Malpractice," Accessed Aug. 11, 2016

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