Defenses to a Medical Malpractice Claim – Navigating the Minefield

Source: The Verdict, Issue 166 / Fall 2020
Author: Andrea Donaldson
The Verdict issue 166

This is the fourth article in our 8 part series on medical malpractice litigation. Even if a plaintiff has obtained some expert evidence critical of the defendant’s care, this will not necessarily lead to a finding of fault. In this article, Andrea Donaldson reviews a number of common defenses to a claim of that the defendant breached the standard of care, namely that the defendant followed an approved practice, that he or she followed one of two accepted schools of thought, or that he or she exercised his or her clinical judgment. The analyses of the courts as to how these defenses apply help to illustrate why so few medical malpractice cases that go to court are decided in favor of the plaintiff.

Share this article

Publications

Recent Publications

Acquired Brain Injuries

Surgical Negligence

The Risks and Rewards of Medical Negligence Law

Complexities of the Medical Malpractice Jury Trial

Does Failure to Disclose a Medical Error Amount to Liability?

Medical Malpractice: Expert Evidence – The New Normal

Causation – Application: The Difficulties Associated with Applying the “But For” Test

Causation – Basic Principles: The Murky Waters of Causation in Medical Negligence