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Common defenses to medical malpractice

| Jul 5, 2018 | Uncategorized

Cook County’s residents expect that, when they need medical care, they can turn to an experienced doctor to obtain a quick and accurate diagnosis, as well as effective and timely treatment.

Tragically, though, far too often mistakes are made in the medical field that leave innocent and unsuspecting patients susceptible to harm. When injuries are suffered as a result of a doctor error, then a medical malpractice lawsuit may be justified. However, before liability can be imposed and compensation can be recovered, victims must be able to either negotiate a settlement or succeed in litigating their case.

One important thing to anticipate in a medical malpractice case is the potential defenses that one may come up against. Probably the most common defense is merely claiming that a medical professional’s actions were in line with acceptable and applicable medical standards, meaning that medical error did not cause the victim’s injuries. A medical professional and/or hospital may also claim that a victim is to blame for his or her injuries, such as when he or she fails to fully disclose his or her medical history and that knowledge would have prevented the injury in questions.

There are other defenses, too. For example, if an injury was suffered after a medical professional’s use of new or somewhat radical treatment, but that treatment is supported by a respectable minority of those in the profession, then the medical professional may be able to avoid liability so long as he or she obtained informed consent.

Winning a medical malpractice case can be challenging for a number of reasons. One reason is that doctors, nurses, and hospitals are often represented by aggressive and skillful attorneys. For this reason, victims need to ensure that they have the support of a competent legal advocate who is capable of making compelling legal arguments in support of their position. Experienced and skilled attorneys, like those at our office, stand ready to assist these victims in their fight for justice and compensation.

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