Michael H. Bereston, Inc.

Schedule an Initial Consultation

Phone: 410-793-4554

Toll Free: 866-517-4037

What defenses are available to doctors in medical malpractice cases? Part 2

If you are injured, no matter by whom, you can recover compensation by filing a lawsuit. In your lawsuit you would allege claims. Doctors, just like everyone else, are able to mount defenses to those claims. A previous post discussed the respectable minority principle and statute of limitations. This post will discuss the remaining three defenses.

Good Samaritan laws are a set of statutes that many states have adopted to protect rescuers. A Good Samaritan is a person that comes to the assistance of another person who is in medical distress. These laws protect those Good Samaritans from being sued if they should injure the person they are trying to assist.

Most of these laws specifically include medical professionals, like nurses and doctors, within this immunity. The goal is to encourage these people to help those who are in need. But these doctors are still bound by a duty to act reasonably toward their patient in regard to issuing care.

Doctors are also protected by the standard defense to negligence. Negligence requires that the plaintiff prove that another person owed them a duty, which was violated and resulted in harm to them. A defendant may oppose a claim by attacking any one of these factors. For example, a doctor may put forth that he or she did provide sufficient care. A doctor may also argue that, while a mistake was made, it caused no harm to the plaintiff.

Finally, doctors may argue that the plaintiff's own negligence contributed or caused his or her injury. Essentially the doctor would argue that, but for the plaintiff's own carelessness, he or she would never have been injured. A common example of this are patients who mix their medication against prescription or doctor orders.

If you were injured due to a doctor's mistake then you may want to speak to a lawyer. When you file a claim, the doctor will be defended by his or her medical malpractice insurance company. This company will hire an attorney to defend the doctor. This attorney will be the person that asserts one or more of these defenses against you. Having an attorney in your corner is critical to ensuring that your claim proceeds through these roadblocks.

No Comments

Leave a comment
Comment Information

Office Location

Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
Baltimore/Annapolis: 410-269-5011
DC: 202-628-2226
Fax: 410-269-5022

Annapolis Medical Malpractice Office

map and Directions