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Know what defenses might come up in medical malpractice cases

When you are injured by a doctor, you might stand up against him or her by filing a medical malpractice lawsuit. This lawsuit serves a few purposes, including helping you get financial compensation and letting the doctor know that what happened wasn’t acceptable.

Unfortunately, these cases usually don’t go through without a hitch. The doctor will usually put up a defense against your claims. You will have to look at what the possibilities are so that you can try to combat them in your case.

One of the most common defenses that are used in these cases has to do with the standard of care. Every situation in the medical field has a standard set, but these standards can vary. Doctors might claim that they acted in the manner that is the same as other doctors would have in the same case.

Sometimes, they will try to pass the blame to someone else. This is fairly common but there are ways that you can combat these. Taking steps to show that the defendant was the one to blame is usually the way to go here.

Good Samaritan laws might also come into the situation. These protect medical professionals who are trying to help people without a doctor-patient relationship being established. These usually won’t apply if you are the doctor’s patient but might apply if a doctor tries to provide assistance to you when you are at a restaurant or in a similar situation.

It is necessary to look at your case and think about what the other side might claim. That can help you determine what avenues you need to explore. This might include adding other defendants who might hold a share of the blame.

Source: FindLaw, “Defenses to Medical Malpractice,” accessed March 09, 2018

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