A physician assistant (PA) accused of medical malpractice claims that the charge does not meet all of the elements of the theory of recovery. Which of the following defenses is being used by the PA?
A. denial
B. assumption of risk
C. comparative negligence
D. technical negligence
E. contributory negligence
A. denial
Denial of wrongdoing, or the assertion of innocence, may be used as a defense in professional liability suits. In other words, the charge may be missing one of the four Ds of negligence. Contributory negligence is an affirmative defense that alleges that the plaintiff, through a lack of care, caused or contributed to his or her own injury. Comparative negligence is an affirmative defense claimed by the defendant, alleging that the plaintiff contributed to the injury by a certain degree. Assumption of risk is a defense based on the contention that the patient knew of the inherent risks before treatment was performed and agreed to those risks.
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