How can I defend myself against a medical malpractice claim?
In order to successfully defendant yourself against a medical malpractice claim you must prevent the plaintiff from proving a required element of the plaintiff’s case. Successful defenses include proving that you did not have a legal obligation to provide care to the patient because a doctor patient relationship did not exist. Another successful defense would be that you provided the same standard of care that a similarly situated reasonable doctor would have provided in the same circumstances. If you acted as any reasonable doctor in your situation would have acted then you are not responsible for medical malpractice even if the patient was harmed. Finally, if the patient did not suffer any harm because of your actions then the plaintiff cannot be successful in a medical malpractice action.
Other Health Law FAQs
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Q:
When would a jury find a doctor guilty of medical malpractice?
A: A jury may find a doctor guilty of medical malpractice if the plaintiff proves that the doctor was negligent under the law. Some common scenarios that result in … More -
Q:
What are Medicare Anti-Mark Up Rules?
A: Medicare’s new Anti-Mark up Rules went into effect on January 1, 2009.The Medicare Anti-Mark Up Rules are meant to prevent the mark up (price increase) of … More -
Q:
What should I do if I'm audited by Medicare?
A: While a Medicare audit should not be cause for panic, it should be taken as seriously as an IRS tax audit. Medicare can audit physicians in one of two … More -
Q:
What are the potential penalties for Medicare fraud?
A: Physicians or health care entities that are found to have committed Medicare fraud face serious consequences. They will be required to repay the Medicare … More -
Q:
What are the potential penalties for a HIPAA violation?
A: The Health Insurance Portability and Accountability Act (HIPAA) provides federal standards for the privacy and security of personally identifiable medical … More -
Q:
Can my employer request my medical records or history?
A: Under normal circumstances, your employer is not entitled to access your medical records and/or history. However, there are situations in which your employer may … More -
Q:
Do I have to tell my employer about drugs that my doctor prescribes for me?
A: Your employer typically has no right to any of your medical history, including any drugs that your doctor may have prescribed for you. Some state laws do provide … More
Health Law Sub-categories
| Health Care Law | HIPAA- Health Insurance Portability and Accountability Act |
