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Doctors often must defend themselves from fake malpractice claims

Despite the best efforts of a physician and other medical professionals, sometimes nothing can be done for a patient. Perhaps the patient’s condition was too advanced by the time they came in for treatment, or they have an illness for which there is no cure.

Medical professionals are not required to cure all their patients, but they do owe their patients a duty of due care. Most of them are dedicated to their work and succeed in that duty. But many patients, disappointed with the outcome of their care, will accuse their doctors and nurses of committing medical malpractice.

A patient’s death, disability or long-term illness is not necessarily the result of a careless mistake or lack of attention to the patient’s care. A doctor who is accused of malpractice needs the help of an attorney to defend him- or herself.

Besides the possible financial costs of losing a malpractice suit, there is the damage to the doctor’s reputation to consider. Learning that a doctor or his or her insurance company made a payout to resolve a malpractice suit could cause many potential patients to stay away, even if the doctor was not actually at fault.

A successful defense involves examining the evidence to determine what really happened. Often, expert witnesses will testify on the doctor’s behalf, to show that he or she did not deviate from the standard of care owed to the plaintiff. Medicine can be very technical and tricky, so it is also important that the jury get a clear, easy to understand picture of the care the patient received.

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