Legal Defenses to Medical Malpractice

Patients assume that doctors won’t harm them when they receive medical care. They trust that doctors and other healthcare providers will not make existing injuries or illnesses worse.

When doctors make mistakes, patients should be able to hold them accountable for the damage they have done. But doctors who don’t make mistakes should not be punished for the harm they did not cause. These ideas sound straightforward. But in practice, it is more complex.

This article introduces a few medical malpractice defenses in lawsuits. If you have a claim against a negligent doctor, review your legal strategy with a medical malpractice lawyer. They can help anticipate and prepare for the key challenges in your case.

How Can a Medical Provider Prove They Weren’t Negligent?

A medical provider and their defense attorneys don’t necessarily need to prove innocence. In a medical malpractice lawsuit, the plaintiff bears the burden of proof. Courts rule these cases based on whether the evidence shows that malpractice is more likely to have happened than not. 

Some common defenses in medical malpractice cases include:

• Contesting one or more elements of a negligence claim, such as a lack of causation
• Showing that the patient partly caused the injury or made it worse
• Proving that they followed reasonable actions for a high-risk procedure or novel treatment
• Claiming that they gave the best care possible in an unexpected emergency

Sometimes, a medical professional can avoid liability even when an error is obvious. If the patient files their claim too late, the lawsuit might not be valid. Each type of defense is described in the following sections.

A doctor or other provider accused of malpractice will likely work with their own legal team, insurance carrier, and expert witnesses to challenge a claim. Patients or their families will also need to be ready with their own legal advocates. Keep in mind that a medical malpractice settlement can prevent a difficult court battle.

Standard Negligence Defenses

Medical malpractice is a form of negligence. The person who caused the personal injury is usually a doctor or healthcare professional. So, defenses used for general negligence claims can be used in malpractice claims.

For example, in defense of a negligence claim, a doctor may argue that:

• Their care was in line with the standard of care upheld in the medical profession
• The patient’s injuries were not the result of a medical error
• The healthcare provider was not the cause of the patient’s injuries

Disproving an element of medical negligence is one of the most common defenses to medical malpractice. Other defenses may also apply.

Contributory Negligence Defense

Contributory negligence happens when a patient is partly responsible for their injury. Depending upon your state, if a patient is partly responsible, they can’t bring a claim against the doctor.

Medical professionals may not be the only cause of an injury, side effect, or misdiagnosis. Sometimes, the patient is also at fault for the injury. A medical professional can use a contributory negligence defense. The healthcare professional must prove that the patient participated in the negligent act.

For example, a patient mixes prescriptions against the doctor’s orders. Or, if a patient fails to disclose key elements of their medical history, the doctor may not be responsible for any injuries.

But most jurisdictions follow comparative negligence instead of contributory negligence. So, even if the patient was partly responsible, they can still sue the doctor for the doctor’s portion of the harm caused.

Respectable Minority Principle

Sometimes, medical professionals decide to use a new or radical form of treatment when caring for a patient. A doctor’s decision to use a new treatment may place the doctor outside of common medical treatment.

Doctors can have a valid defense to a medical malpractice claim if a respectable minority of medical professionals support the new treatment.

Assumption of Risk Defense

Medical procedures carry varying degrees of risk to the patient. A medical provider must follow standards to avoid harm, but they can’t always guarantee the patient’s safety.

In some personal injury cases, a defendant may use the assumption of risk defense. It argues that the plaintiff was aware of the risks involved with an action and proceeded anyway. Their behavior implies that they consented to assuming those risks.

This defense can also apply in medical malpractice cases. A provider may argue that the patient agreed to accept the risks associated with a procedure or medication. The doctor must first inform the patient about the risks involved. Failing to inform a patient about potential risks adequately can lead to a lack of informed consent claim.

Good Samaritan Laws

When a medical professional volunteers to aid someone, they owe that person a duty of care. The duty of care and treatment is the same standard as a reasonably competent physician (under the same or similar circumstances).

But many states have Good Samaritan laws. These laws shield individuals who come to the aid of those in medical distress. Doctors, nurses, and other medical professionals are often specifically included in such laws. If a doctor aids someone in an emergency, they’ll be protected from civil liability if something goes wrong during the rescue.

Statute of Limitations Expiration

State laws place time limits on when you can bring an action for medical malpractice. For lawsuits filed after that deadline, the defendant can request that the court dismiss the case. 

Some states have adopted the “discovery rule.” This means that the statute of limitations period does not begin until an injury is discovered. If a medical professional can show that the patient discovered the injury at a certain point, and the statute of limitations has expired, the case may be dismissed.

Injured Patients Can Get Legal Support

Medical malpractice laws differ in every jurisdiction. If you think you have a medical malpractice claim, a lawyer can help. To understand your legal rights as a patient, consult an experienced medical malpractice attorney for legal advice.

You can also find more information in FindLaw’s medical malpractice section.