Most Common Defenses In A Medical Malpractice Case

Medical malpractice mistakes are very common and occur more often than you might think. In fact, medical errors are the third leading cause of death in the United States, right behind heart disease and cancer. It may be hard to believe, but despite all of their education and good intentions, doctors make mistakes like the rest of us. We’re not bagging on doctors (in fact we have a brilliant doctor on staff at our law firm!) but you shouldn’t suffer because yours made a mistake. 

Another thing that many people don’t realize is that they may be able to file a lawsuit and get compensation. Sure, malpractice cases can be complicated and require a certain kind of expertise, but that’s what an experienced malpractice lawyer is for! For instance, if you or a loved one now have a neurological disorder that occurred because your doctor didn’t treat you correctly for sodium imbalance, you need to file a central pontine myelinolysis lawsuit with a skilled lawyer.  

Cases like these involve complicated questions about risk assessment, medical technology, medical science, and standards of care. The attorney you hire needs to have extensive knowledge of medical science, anatomy, and the standards of professional medical care inorder to pursue a medical claim accordingly.

Before you file your medical malpractice claim, here are the most common accusations the opposing lawyer may try to throw your way. This can also help you gage whether you have a real case on your hands. 

Patient’s Contribution To The Injury

In some cases a doctor may claim that the injury was caused by the patient not following advised medical instructions. If a doctor asks a patient to do something and the patient doesn’t, but later is injured or dies, it’s probably not the doctor’s fault. For example, if a patient was asked to get a chest x-ray, declined, and was later diagnosed with lung cancer the doctor probably didn’t do anything wrong. Of course it’s important to seek a second opinion if something seems off, but it’s also important to listen to the advice of medical professionals.

 Foreseeability

It’s a doctor’s responsibility to keep their patients from future risks and injuries, but there are some situations that are just out of their control. For example if your doctor prescribes you a medication that is known to have complications with a medication you’re already on, that’s the doctor’s fault. But if your doctor prescribes a medication with an ingredient you didn’t know you were allergic to, that’s probably not. 

 Pre-existing Injury

You might have to face a doctor who claims that the injury was caused because of a previous illness or disease. For example, the doctor may claim that the back pain you experience was a result of a pre-existing surgery and not their treatment. This may or may not be true. Indeed, law is tricky but that’s why you need a skilled malpractice lawyer by your side. 

Putting The Blame On Someone Else

The doctor can also claim that another party is responsible for your injury. For example, the doctor may argue that it was the hospital's faulty medical equipment and not the doctor’s negligence that resulted in an injury. Your lawyer will help you decide whether your doctor is who you should be seeing or someone else. 

Recognized Risk

We all know that it is the responsibility of the doctor to explain all risks and dangers to the patient before any treatment. If the patient agrees to all those risks after the doctor explains, the doctor may not be responsible for a complication. The doctor may claim that the risk was already known to the patient and that he or she still gave their informed consent. This is a big maybe though. It’s so much more complex than that and just because you signed a waiver doesn't mean you can’t sue.

Conclusion

Medical malpractice cases aren’t one size fits all. That’s why you need a skilled medical malpractice lawyer backing you. They can dig through the details and figure out whether you have an actual case or not. Also, be sure your law firm also has a skilled physician on staff. Their knowledge is invaluable in malpractice cases! 

For the best medical malpractice lawyer, especially a central pontine myelinolysis attorney, Hampton & King is your best bet. Visit our website to learn more about our firm and reach out if you’d like to schedule a consultation. The first step is making that phone call!