What is medical malpractice?

On Behalf of | Mar 6, 2019 | Firm News, Personal Injury & Medical Malpractice Defense |

Medical malpractice claims are serious civil litigation claims which is why it is important for parties involved in medical malpractice to be familiar with what it refers to and what it includes. Parties to a medical malpractice claim should know how to protect their interests when medical malpractice has been alleged.

Medical malpractice occurs when negligent medical care results in injuries or harm. The party alleging that they have suffered harm as a result of medical malpractice can bring a claim for damages against the party they allege injured them. The party alleged to have caused the injury, such as a doctor or other medial care professional, has the option to defend against those allegations by perhaps arguing that the medical care provided did not fall below the standard of care and that they, therefore, were not medically negligent.

Arguing that the medical care provider has not been medically negligent is one way to defend against a medical malpractice claim. Additional defenses against a medical malpractice claim can include contributory negligence; the respectable minority principle; good Samaritan laws; or statutes of limitation depending on the circumstances. Statutes of limitation related to medical malpractice can be complex so it is helpful to understand them and how they impact a claim.

When defending against a claim of medical malpractice, it is helpful to be familiar with the different common defenses but also what is included in a claim for medical malpractice. Parties on all sides of a medical malpractice claim will wish to protect their interests which is what the legal process, resources and remedies will help them do.