Medical Malpractice Defense

Like Physician License Defense, an attorney will provide you with legal guidance and defense against medical board investigations. 

Medical Malpractice is defined as a legal cause of action that occurs if a licensed practitioner deviates from the standards of care they must adhere to, therefore causing injury to a patient. 

Below are a few possible defenses to a medical malpractice claim:

Standard Negligence Defense

Since medical malpractice is negligence in itself, a general negligence defense may be made. For example, a lawsuit may be filed against a physician that claims that an injury occurred due to negligence. The physician may argue that he or she did indeed operate within the standard of care, and if that can be proven then the case may be dismissed.

Contributory Negligence

In this case, the medical professional may claim that an injury occurred due to the patient's actions. An example of this may be that a patient mixed medications against the physician's advice and sustained injury accordingly. The medical professional can argue that the patient is the primary contributor to negligence.

Respectable Minority Principle

This is in the context of a medical professional trying out experimental treatments or other measures that are out of the so-called mainstream. As long as the medical doctor informs the patient of the risks, a defense may be made if a respectable minority of medical professionals supports the treatment.