Medical malpractice claims can create significant challenges for healthcare professionals. These claims often arise from allegations of negligence or substandard care. Navigating these situations requires a clear understanding of the legal strategies available.
Healthcare providers and their legal teams use specific defenses to address these claims and protect professional reputations. Here are some of the most common approaches used to counter malpractice allegations.
No Breach of Duty
One common defense against medical malpractice claims is demonstrating that no breach of duty occurred. Healthcare providers must meet the accepted standard of care. This standard refers to the level of care and skill that a reasonably competent professional with similar training would provide in the same situation. It varies depending on the medical field, the patient’s condition, and the provider’s environment.
To assert no breach of duty, the provider must show that actions taken were reasonable under the circumstances. Doing so involves explaining decisions made during treatment and how they align with professional guidelines.
For example, when treating a patient with limited information or unique medical challenges, the provider may argue that care was consistent with how other skilled professionals would respond in similar scenarios.
Lack of Causation
Causation requires a direct link between the provider’s conduct and the patient's injury. The absence of such a link can weaken the claim. Providers can show that their treatment decisions or interventions were unrelated to the harm experienced by the patient. Presenting a clear narrative of events helps clarify that the outcome stemmed from other factors.
Alternative factors often play a role in patient outcomes. Pre-existing medical conditions, complications unrelated to the provider’s care, or the natural progression of an illness may contribute to the injury.
For example, if a patient had an underlying condition that worsened despite proper care, the provider may demonstrate that the harm was inevitable. Providers may also present evidence showing that the patient’s recovery would have been similar regardless of the actions taken.
Comparative Negligence
Contributory negligence occurs when the patient’s actions contribute to the harm they experienced. Patients may fail to follow medical advice or delay seeking care, which can affect their outcomes.
For example, ignoring prescribed treatments, neglecting follow-up appointments, or engaging in risky behaviors might worsen a condition or create complications. These actions can reduce or even eliminate the provider’s liability.
South Carolina follows the doctrine of comparative negligence. Under this rule, a patient can still recover damages if they are found to be partially at fault for their injury. However, they cannot receive compensation if their percentage of fault does not exceed 50%. The amount of compensation they can receive will be reduced proportionally to their degree of responsibility for the harm.
For instance, if a patient is found to be 30% at fault for failing to follow medical advice but claims $100,000 in damages, their compensation would be reduced by 30%, leaving them eligible to recover $70,000.
Assumption of Risk
Assumption of risk applies when a patient agrees to medical treatment after understanding possible risks and complications. Healthcare providers disclose potential outcomes of a procedure or treatment during the informed consent process. Patients receive detailed explanations about benefits, risks, and alternative options.
Documentation of informed consent confirms that the patient understood the risks and accepted the treatment knowingly. Signed consent forms provide written proof of the discussion and the patient’s agreement. Clear communication eliminates confusion and creates transparency between the patient and the provider. These steps reduce misunderstandings and establish mutual accountability for the treatment decisions made.
Expired Statute of Limitations
The statute of limitations sets a legal time frame for filing a medical malpractice claim. In South Carolina, the statute is between two to three years, depending on the circumstances.
Courts dismiss cases filed after the statute of limitations expires. Missing the deadline eliminates the opportunity for the injured party to pursue legal action, regardless of the claim's validity.
Seeking Legal Assistance Against Malpractice Claims
Attorneys play a critical role in developing a strong defense for healthcare providers facing malpractice claims. They gather evidence, analyze medical records, and consult with expert witnesses to build a compelling case. Defense attorneys help healthcare providers understand legal procedures while protecting their rights throughout the case.
Additionally, attorneys may look for procedural issues in the plaintiff's case. They may check if the lawsuit was filed within the statute of limitations or if proper documentation was submitted.
Defense teams often aim to reach a fair resolution through negotiation or mediation, avoiding the need for a lengthy trial. When a trial is unavoidable, attorneys present clear arguments and evidence to refute allegations against the healthcare provider.
If you or your business has been accused of malpractice, Pierce, Sloan, Kennedy & Early LLC is here to help. We can help defend you in negotiations or, if necessary, in court. We offer free consultations, so call us today at (843) 968-0886 or contact us online.