What is a common defense against negligence claims?

A common defense against negligence claims involves proving a lack of intent to harm. In the context of medical malpractice, negligence is established when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. However, intention plays a critical role in legal arguments. If a provider can demonstrate that there was no intent to cause harm, it can help establish that the actions taken were not malicious or reckless. This defense suggests that even if there was a lapse in care, it was not due to a deliberate action or wrongdoing, which may reduce liability.

While adherence to patient preferences, compliance with hospital policy, and successful outcomes for other patients may be relevant in various contexts, they do not serve as broad defenses against negligence claims the way that proving lack of intent does. For instance, complying with hospital policy might be an indication of standard practices, but it doesn't negate the fact that negligence can still occur if that policy is not sufficient.