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2 defenses when you are accused of medical malpractice

You worked hard your entire life to earn the right to practice medicine. Your job is your livelihood, and you love it so much. But there is a problem. Someone is accusing you of medical malpractice. 

Being accused of medical malpractice is a big deal. Besides the possibility of losing your practice license, an unfavorable outcome for your case can lead to a significant monetary loss in awarded damages. With so much in line, it is in your best interest that you figure out how to defend a medical malpractice suit. 

Subject to the circumstances of your case, here are two defense options you may consider if you are accused of medical malpractice:


Before treating a patient, you are required to protect them against foreseeable risks. In other words, it is your job to safeguard the patient against any risks that you can foresee or are aware of. The patient is, on the other hand, required to consent to the procedure in question. 

To build your foreseeability defense, you may argue that the patient’s injuries were not reasonably foreseeable or that you had no way of knowing that the injuries in question would happen. For instance, you may cite a rare side effect of the medication that neither you nor the drug manufacturer could not have foreseen. 

Contributory negligence

It is your job to exercise a duty of care while treating a patient. On the other hand, drug manufacturers have a duty to ensure that their products are safe. And, the patient too has a duty to follow through with the treatment plan. If you follow through with your end of the deal but either the drug manufacturer or the patient fails to follow through with theirs, the outcome can be devastating. 

In citing contributory negligence, you will be arguing that something or someone else is responsible for the plaintiff’s injury. For instance, you may argue that the plaintiff failed to take their medication as prescribed leading to injuries.

Safeguarding your interests

Medical malpractice claims can be very complicated. Learning more about medical malpractice laws and New York negligence laws can help you protect your rights and interests if you are accused of medical malpractice.


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