3 Potential Medical Malpractice Defenses To Be Aware Of

13 February 2015
 Categories: Law, Blog


The world is filled with doctors that are willing to do anything in order to help aid their patients. Unfortunately, there are situations where a doctor can be unsuccessful at helping. It can be caused by negligence, or simply because there wasn't anything they could do. When you are put in a situation where you or someone you love has suffered and a doctor was unable to help, it can make life very difficult.

Filing a medical malpractice lawsuit can help make life easier once again for you or your loved one, but you should be aware of the possible defenses the doctor may use to try to win the lawsuit.

The Patient Is Responsible For Their Health Treatment Outcome

There is only so much a doctor can do when it comes to diagnosing problems and recommending treatment. If a patient is the kind of person that has eaten unhealthy their entire life, and the doctor recommends that they change their diet, what happens is out of the doctor's hands. The doctor cannot be held responsible if the patient suffers from heart problems due to their own decisions.

You might feel like it was the doctor's responsibility to do more, but many outcomes are the patient's responsibility for not following instructions from their doctor.

The Doctor Provided A Treatment That Another Doctor Would Have Provided

One of the advantages of the technology available to us today is that everyone has access to tons of information, including medical treatments you receive. If a doctor performed a treatment on you, and it did not work, you will be tempted to go the Internet and look for alternative medical treatments that could have been performed instead.

Just because a doctor selected the wrong treatment, it does not mean that they are responsible for medical malpractice. All a doctor needs to prove is that other doctors would have performed the same procedure based on the information they knew. Medical procedures should not be based off which one is more popular, as it is often a judgment call for which one is right for you.

The Doctor Was Being A Good Samaritan

There are laws in place to protect doctors from helping out in an emergency situation where they were being a good samaritan. While their help was not requested by you personally, they do have protection if they attempt to provide aid if they see you are injured. For example, they might have witnessed a car accident and needed to stop bleeding before EMTs arrive. If they are unable to help even after attempting to, they cannot be held responsible for their initial actions.

If you feel like these defenses do not apply to your medical malpractice case, you may have a viable lawsuit on your hands. Visit http://www.medilaw.com for more information.