Upon commencing a medical malpractice lawsuit against a negligent medical professional, you must expect them to have an aggressive rebuttal. After all, they may try everything possible to avoid the temporary suspension or permanent revocation of their medical license to ultimately protect their livelihood. You must not let these counterclaims shake you but rather drive you to respond stronger than ever. Read on to discover what defenses you should expect a medical professional to have against your claim and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C. can help you adequately respond to them.
What defenses should I expect a medical professional to make in my malpractice claim?
Essentially, there are three common defenses that a medical professional may elect to make as a defendant in medical malpractice claim proceedings: contributory negligence, respectable minority principle, and statute of limitations.
With the contributory negligence argument, the medical professional may claim that you participated in a negligent act that caused the injury, side effect, or misdiagnosis in question. For example, they may claim that you did not take your medication at the frequency or dosage they prescribed.
Secondly, the medical professional may cite the respectable minority principle if the injury, side effect, or misdiagnosis in question was due to a new treatment outside of common medical treatment. With this, they may prove that a respectable minority of medical professionals have given their stamp of approval to this new treatment.
Lastly, the medical professional may argue that you have missed the statute of limitations in which you are legally allowed to pursue a claim against them. That is, they may claim that the medical malpractice incident in question took place over 2.5 years ago.
What responses should I prepare for my medical malpractice claim?
Rest assured, there are effective responses to the contributory negligence, respectable minority principle, and statute of limitations defenses the medical professional may make.
For one, you may respond to the contributory negligence defense by presenting evidence that you closely followed the medical professional’s treatment plan. This may include statements from your loved ones or at-home caregivers who witnessed this firsthand. At the very least, New York State is a pure contributory negligence state. So, even if you cannot avoid the majority of blame (i.e., 75 percent), you may still be eligible for partial compensation (i.e., 25 percent).
Then, the respectable minority principle may be shut down by stating that the medical professional did not inform you about the potential risks involved in the new treatment. This may be proven with any medical documents you signed that lacked disclosures on possible adverse reactions.
Last but not least, you may argue that you did not miss the statute of limitations because your medical malpractice incident occurred when you were still a minor. That is, New York State may make the exception of starting this countdown of 2.5 years from the date on which you turn 18. Otherwise, you may fight for this countdown of 2.5 years to start when you realized or should have realized that negligence occurred.
In conclusion, there is no time like the present to work on your legal strategy. So, at your earliest possible convenience, please get in touch with a competent New York City medical malpractice attorney at Mark L. Bodner, P.C.