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What are some common defenses to medical malpractice?

On Behalf of | Nov 10, 2016 | Wrongful Death |

Medical professionals carry a heavy burden. These doctors and nurses are tasked with providing care in a way that is effective and safe. Fortunately for Connecticut residents, these medical professionals go through years of education and on-the-job training to prepare them for the difficult job ahead of them. In most cases, these doctors and nurses provide satisfactory care that leads to positive outcomes for patients. In other cases, patients are subjected to sub-standard care that leaves them seriously injured or dead.

Connecticut families that are confronted by the sudden loss of a loved one may feel a lot of emotions at once. They might feel anger, sadness and hopelessness. One way for them to funnel these feelings is to put them towards a wrongful death lawsuit against the negligent medical professionals who caused their loved one’s death.

When pursuing a medical malpractice lawsuit it is important to consider the defenses one may face. One common defense to medical malpractice is contributory negligence. Here, if the defense can prove that the victim’s injuries or death would not have occurred but for a negligent act committed by the defendant, then medical malpractice may not be found. A good example is if a patient mixes medications against medical advice.

Another defense is that the claim was brought too late. Lawsuits must be brought within a certain period of time; failing to bring a claim in a timely fashion may lead to it being barred.

The most common medical malpractice defenses though are typical in any type of negligence case. A doctor or hospital may try to claim that the level of care provided was acceptable and/or that the victim’s injury or death was not caused by medical mistake at all.

Regardless of the defense pursued, wrongful death plaintiffs need to be fully prepared with strong evidence and legal arguments. This can take a significant amount of time and effort, which many people don’t have, particularly when they are mourning the loss of a loved one. In such cases, a wrongful death legal team may be of assistance.

Source: FindLaw, “Defenses to Medical Malpractice,” accessed on Nov. 7, 2016


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