Betty, Neuman & McMahon, P.L.C.

Medical malpractice and defenses to claims of medical malpractice

There are a variety of complexities associated with medical malpractice and commonly many parties involved including patients and families and medical care providers, professionals and doctors. As is true of any legal dispute, it is important for the parties involved to know how to protect their interests including how medical care providers accused of medical malpractice can present a medical malpractice defense when needed.

It is helpful for both doctors and patients to be familiar with what the term medical malpractice refers to when considering a medical malpractice claim. Medical malpractice can include alleged medical errors such as surgical errors, birth injuries and a failure to diagnose, delayed diagnosis or erroneous diagnosis. Medical malpractice commonly refers to medical negligence or when the care provided falls below the standard of care.

There are many negative consequences for medical care providers associated with medical malpractice allegations including malpractice insurance premiums increasing and potential consequences related to their license, among other possible negative consequences. As a result, if a personal injury claim for medical malpractice damages has been brought against them, medical care providers should be familiar with their defense options.

One medical malpractice defense option is to respond with a standard negligence defense pointing out that the medical care provided was aligned with standards commonly held in the medical profession or that the injuries the patient allegedly suffered were not the result of medical error. Other medical malpractice defense strategies may also be possible depending on the circumstances. A medical malpractice claim makes it possible for patients to recover damages which is why medical care providers should be familiar with what is considered medical malpractice and how to defend themselves against a medical malpractice claim.

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Betty, Neuman & McMahon, P.L.C.
1900 East 54th Street
Davenport, IA 52807

Phone: 563-326-4491
Fax: 563-326-4498
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