Medical malpractice occurs when the doctor, physician, or hospital staff’s treatment has resulted in additional complication to the patient. Filing a claim will recover the losses or damages they experienced. The victims will present a proof of the additional injuries or complications they incur due to the medical treatment that is given to them.
The negligence theory explains most of the claims in medical malpractices. Negligence usually occurs when the doctor or physician breaches its duty to take care of the patient. The patient or victim must provide evidence for such breach. They should also demonstrate that there are no available legal defenses to the doctor.
Patient Negligence: Defense to Claims of Medical Malpractice
Negligence as a defense prevents the person blamed from recovering for such malpractice. Sometimes the patient or the victim may incur additional complications due to his own negligence, not the physician nor the doctor’s negligence.
Patient Negligence can be used as a defense if the patient himself caused his own complication or injury. This defense is also called a contributory defense. Contributory defense gives an effect of decreasing the damages that the person at fault can recover in a lawsuit for medical malpractice. This could also prevent any recovery altogether in some areas.
Here are some types of conduct that can be a basis for medical malpractice defense:
- The patient didn’t take any steps to reduce his own damages, or they made their injuries or complications worse.
- The patient’s negligence caused his injuries or complications (contributory negligence).
- The patient didn’t disclose information or important data to his doctor.
- The patient signed a waiver and presumed any possible risk of complications or injuries.
- The patient didn’t really suffer any complications or injuries from such negligence.
- There were unavoidable complications or injuries because the risk is unrecognizable.
- The patient was engaged in prohibited activities while undergoing the treatment and caused additional complication.
Considering all these, you should be careful when you are undergoing any medical treatment. These actions could reduce or prevent you from getting any compensation.
Need of Legal Assistance for Defenses of Medical Malpractice
Filing a claim for medical assistance involves different phases of law. You should contact your personal injury attorney for legal assistance if you’re involved in a medical malpractice lawsuit. CPR Law Medical Malpractice offers personal injury lawyers that could help you with your medical malpractice claims. Your lawyer will determine what possible defenses the plaintiff could use as a response to your malpractice claim. Also, your lawyer can help you collect necessary information or data that can be used as evidence to your case.
Sometimes, your own negligence causes you serious complication or injury. You should follow what your doctor advised you to do. It is not always their fault that you incur such complications or injuries. Before you file a case, you should ask yourself if you are really taking good care of your condition or you are being negligent. If it’s the latter, you don’t have the right to file a malpractice claim.