{"id":353160,"date":"2016-04-04T10:46:39","date_gmt":"2016-04-04T15:46:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/medical-malpractice\/defenses-to-medical-malpractice-patients-negligence.html"},"modified":"2025-11-24T11:53:40","modified_gmt":"2025-11-24T16:53:40","slug":"defenses-to-medical-malpractice-patients-negligence","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/medical-malpractice\/defenses-to-medical-malpractice-patients-negligence.html","title":{"rendered":"Legal Defenses to Medical Malpractice"},"content":{"rendered":"\n
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Legal Defenses to Medical Malpractice<\/h1>\n\n
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\n By Hanan Zaki, J.D., LL.M.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Doctors have protection for when they make mistakes. In a medical malpractice lawsuit, these protections are called \u201cdefenses.” Understanding your medical provider’s possible defenses can help inform your legal strategy.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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.<\/p>\n

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.<\/p>\n

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<\/a>. They can help anticipate and prepare for the key challenges in your case.<\/p>\n

How Can a Medical Provider<\/span> Prove They Weren\u2019t Negligent?<\/h2>\n

A medical provider<\/span> and their defense attorneys<\/span> don\u2019t necessarily need to prove innocence. In a medical malpractice<\/span> lawsuit<\/span>, the plaintiff bears the burden of proof<\/a>. Courts rule these cases based on whether the evidence shows that malpractice is more likely to have happened<\/a> than not.\u00a0<\/p>\n

Some common defenses<\/span> in medical malpractice<\/span> cases<\/span> include:<\/p>\n