Filing a medical malpractice lawsuit means you are prepared to present evidence that a medical professional's negligence caused you serious harm. As with any lawsuit, the defendant - in this case, the medical professional - will have a chance to defend him or herself. The following are potential medical malpractice defenses the opposing council could use to get your claim dismissed.
Denying Malpractice Outright
One defense is to argue that there was no malpractice to begin with and that the incident was unavoidable. The doctor must prove that he or she provided care in line with standard patient care protocol and any other doctor in their situation would have made the same care decisions.
Another defense is to place the blame on the patient. If a patient was under instruction to stay in bed and minimize movement, yet got up, the doctor could claim that their negligence contributed to their injuries.
Good Samaritan Law and Statute of Limitations
Finally, two types of laws can be used as a defense in medical malpractice claims: Good Samaritan laws and the statute of limitations. The Good Samaritan laws provide protection for medical professionals acting with good intent while trying to aid a person in medical distress. If a person comes into the emergency room in critical condition and the doctor works to the best of his or her ability to save the person but ultimately fails, he/she usually cannot be held accountable for the death.
The statute of limitations for Georgia allows up to two years to pass after the injury is discovered before you can no longer file a claim.
A Peachtree City Medical Malpractice Attorney Can Counter These Defenses
The best way to counter a good defense is with a strong case against the defendant. The Law Office of Jason R. Schultz, P.C helps victims gather the necessary evidence to present in their medical malpractice cases. Contact our office today and schedule your FREE consultation to discuss your legal options: 404-474-0804.