When a patient suffers an injury or illness they were not expecting, their first thought is often to blame the physician who treated them. However, even the most experienced, competent New York physicians have negative patient outcomes that are out of their control. If you are facing a medical malpractice suit, an attorney specializing in medical malpractice defense can help come up with a strategy to fight against patient claims.
Defending against medical malpractice
Proving that you did not commit malpractice can be challenging, especially with a negative outcome. Here are a few possible strategies that you and your attorney may be able to use in court.
Lack of causation
The key to any medical malpractice suit is to prove that a physician’s negligence caused injury to the patient that would not have occurred otherwise. Proving that the harm was not caused by the alleged malpractice may be the key to your case.
No standard of care violations
The patient’s case may be based on the idea that a reasonably competent physician in the medical community under the same set of circumstances as you would not have treated the patient the way you did. The patient’s attorney may put a medical expert on the stand to testify to the fact that you failed to adhere to the applicable standard of care when treating the patient. It is your job to prove that either the alleged standard of care is in fact not applicable in this case or that the care you provided was not substandard or in violation of that standard.
Doctors often require patients to do certain things before, during and after a medical treatment or procedure to give them the best chance at a positive outcome. However, some patients treat these requirements as suggestions and fail to act in accordance with the doctor’s orders. For example, if a patient is told to stay in bed for a week after surgery, but the patient chooses to go on a vacation the next day and suffers a setback. You may be able to prove that this setback would have been avoided had the patient followed your instructions.
There are many possible ways to defend against medical malpractice claims. However, each case is different. It is your attorney’s job to review the specifics of your case and determine which strategy will work best for you.