As malpractice is a form of negligence, defenses that are generally allowed against general claims of negligence are also viable against claims of malpractice. These might include the following defenses:
- The patient was also negligent and caused much of his or her own harm
- The patient failed to mitigate his or her own harm or damage or made them worse
- The patient gave an informed consent and therefore assumed the risk of any [complication or untoward effect]
- The alleged harm or damage was an unavoidable “known risk” that occurs without negligence
- The patient failed to disclose important information to the doctor
- The patient’s prognosis or condition was not worsened by the alleged negligence
- The patient engaged in some intervening or superceding conduct following the alleged malpractice that broke the chain of events linking the malpractice to the patient’s damages or harm