As much as you deserve medical malpractice compensation, you should know that the subject medical entity will not do down without a fight. You might have incurred unnecessary injuries or your medical condition may have worsened on account of the wrong treatment, but the medical practitioner might not concede. The professional or their practice is likely to counter your claims by exploiting any possible defenses. Of course, they might seek the services of a reputable law firm in San Diego, but with Guy Levy Law, you stand the best chance of winning your claim.
Here are some defenses that the offending practitioner might exploit:
Standard negligence defenses
Most medical malpractices are often a result of a medical practitioner’s negligence. Failure to follow set standards of treatment or the proper protocol are some of the bases of medical malpractice claims that could, unfortunately in adverse cases, lead to wrongful death. However, as you pursue your compensation based on the same, be ready for a strong defense. The medical practitioner could argue strongly that they followed all protocols and that their treatment was in line with the set standards.
Contributory negligence
Negligence of any kind can be to blame for a medical treatment gone wrong, but can you solely pin this on the doctor? In their defense, the subject medical entity could seek to exploit the claim that the unwarranted medical hitch was due to a patient’s negligence. They could argue that the resulting injuries or wrongful death were a result of the patient not following the doctor’s instructions. Moreover, they might claim that the patient failed to disclose to the doctors other underlying medical conditions that could have prompted the unexpected results. You can be sure that this is among the most adopted lines of defense in California.
The medical malpractice statute of limitations
If a case does not involve children, medical fraud, or foreign objects left after surgery, a medical practice could exploit the statute of limitations. Under California law, you should file a medical malpractice claim within one year from the date you discovered the unwarranted injury. Moreover, the case should be filed within three years after the date that the alleged malpractice happened. If the offending medical practitioner can establish that the statute of limitations’ timeline has run out, they can move to have the case dismissed.
The Good Samaritan Law
The famous Good Samaritan Law is a highlight of the California Health and Safety Code, so it should be expected as a firm line of defense. This law shields medical practitioners who render their emergency medical services to patients in distress without expecting any compensation. This means that if a practitioner attends to a patient in an emergency, they will not be liable if anything goes wrong in the medical process. However, as a medical professional, whether the service rendered was in good faith and demanded no compensation, it should be as professional as possible.
The respectable minority principle
Sometimes, medical practitioners have to adopt some radical treatment options that may not be in line with the medical mainstream. While this might be done in good faith, it could lead to unappealing results, including worsening of a medical condition or even death. However, the medical practitioner could argue that they did it in good faith, especially if the radical option pursued is supported by a respectable minority of medical experts. It might be a viable defense, especially if the patient was well informed of the potential risks but consented.
If you are looking to file a medical malpractice claim in San Diego and surrounding areas, you need to have the best legal representation in your team. Guy Levy Law is a reputable personal injury firm that can win you your deserved claim. Contact us to get started immediately!
