The medical profession is a challenging one to enter. You accept the consequences and liabilities to save lives. No matter how hard you try, there may still be unfavorable outcomes. It does not mean it was your fault. If a patient decides to file a medical malpractice lawsuit despite your best efforts, you have a right to defend yourself.
Good Samaritan laws
Good Samaritan laws protect health care providers who, in good faith, provide medical assistance during a medical emergency. In Michigan, however, it only applies if there is no existing relationship between the patient and the health care provider. A medical professional who responds to a life-threatening medical emergency may not be liable for damages.
Lack of causation
The patient must establish a causal relationship, meaning the health care provider’s action or inaction was the direct cause of the patient’s injury. Health conditions, especially critical illnesses, can come with natural consequences that may be hard to detect or foresee, even with a trained eye. The patient must prove they suffered damages because of the health care provider’s professional negligence, not because of other factors or complications.
Informed consent
The health care provider has an obligation to discuss the risks and complications with the patient before prescribing treatment or beginning a procedure. When a patient assumes the risks, they cannot hold the physician liable since they were aware of the possible adverse outcomes. They gave their informed consent.
Substantial minority principle
Health care providers will do all they can to help their patients, and sometimes that includes deviating from standard treatment methods. They can base their course of treatment on further studies and research, all for the patient’s best interests. They are going above and beyond for their patient. A minority of respectable and experienced health care providers in the same field will support and appreciate these drastic measures.
When a patient approaches you for medical advice, you do not turn your back on them, even if their conditions are severe. It might be your turn to seek legal advice so you can find a way to dispute these unfair claims.