Common Defenses Against Medical Malpractice

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Going through medical treatment that you believe is negligent is both mentally and physically difficult. It can be difficult to prepare to file a medical malpractice claim in Las Vegas, making a bad situation worse. Even if you believe there is no doubt that your physician’s negligence caused additional harm or injury, you should expect him or her to bring their own defense if the case goes to trial, which it generally will in most cases. Understanding some of the most common defenses that physicians and hospitals may help you in your case.

Respectable Minority Support

If your physician treated your illness or injury with a treatment option that was considered new or outside of the common methods used in mainstream medical practices, he or she may be able to use the respectable minority defense. This is applicable in cases where a respectable number of doctors in the same or similar fields support the methods used in your treatment. If you were made aware that the treatment was more aggressive, or outside of the normal treatment parameters, and you were informed about the potential risks, the physician can use this defense.

Contributory Negligence

This defense places you as a responsible party for the outcomes of your treatment. This defense can be used to show that your bad outcome was not due to the physician’s negligence, but your own. If you did not take medications properly, mixed prescriptions that you were advised not to, or you did not provide your complete medical history as requested, and the physician can prove it, this defense will be used against your Las Vegas medical malpractice claim. If any of these scenarios are found to be true, it can negate the physician or hospital’s potential negligence completely.

Good Samaritan Laws

Another defense against malpractice is the use of the Good Samaritan law. This law comes into play if the physician or other medical personnel was attempting to help you in an emergency situation. While he or she must use the normal standards of care in these situations, the laws in Nevada protect those who try to save your life, or prevent additional harm. If your injury or condition occurred in a life or death or other emergency situation in which the medical practitioner was trying to help, without expecting payment, he or she cannot be held liable.

Other Negligence Defenses

It is also important to understand that other defenses that are applicable in negligence personal injury cases can also be used in medical malpractice claims. Defenses such as assumption of risk may be used by the defense in your case, depending on the factors surrounding your injury or condition.

Medical malpractice cases are never easy to deal with, especially if they are being brought about due to serious illness or injury that occurred as a result of a physician’s or hospital’s negligence. If you are trying to file a medical malpractice claim, you need to speak with a Las Vegas personal injury attorney that specializes in these types of claims to ensure you receive the best outcomes possible for your case.

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