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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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