Bonezzi Switzer Polito & Hupp Co. L.P.A.
  • ohio Defense Lawyers 216-586-2013
  • Florida Defense Lawyers 727-826-0909
Practice Areas

There are perfectly viable defenses to medical malpractice

Medical professionals have a very difficult job to perform, and they are put under tremendous stress to accomplish it flawlessly. Obviously, this doesn't always happen. People are going to make mistakes, no matter if they are parking lot attendants or highly respected brain surgeons. Mistakes happen. We're human.

But just because a doctor or a surgeon makes a mistake doesn't mean that they did so with malice, or with intent, or in a negligent way. Medical professionals aren't always the problem in a medical malpractice case, and there are plenty of circumstances that could result in the successful defense of a medical malpractice claim.

Consider first that medical malpractice is under standard negligence guidelines, which means that defenses to standard negligence claims are viable. Maybe the doctor followed typical medical guidelines when treating the plaintiff, or maybe the injuries alleged by the plaintiff weren't present when the doctor treated him or her.

Another possibility is that the plaintiff is actually partially or wholly responsible for the injury or medical problem. An example of this would be improperly using medications or performing activities that the doctor or surgeon told the plaintiff to avoid.

There are also less common, but perfectly viable, defenses to medical malpractice claims. Good Samaritan laws protect medical professionals from being sued when they perform medical services in an emergency scenario. Or maybe the statute of limitations has passed on the case.

Medical professionals have plenty of viable defense options when they are confronted with a medical malpractice lawsuit.

No Comments

Leave a comment
Comment Information