Medical malpractice cases can be complex, often involving detailed medical records, expert testimonies, and intricate legal arguments. One of the key elements in these cases is the defense strategy employed by the healthcare provider or their legal team. Understanding the common defenses raised in medical malpractice cases can help plaintiffs anticipate challenges and prepare stronger arguments. Let us take a look at some of the most frequently used defenses in these type of cases.
Standard of Care Was Met
The most common defense in a medical malpractice case is that the healthcare provider met the accepted standard of care. The standard of care refers to the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under similar circumstances. The defense may argue that the treatment provided was in line with what is considered acceptable practice, even if the outcome was not favorable.
Lack of Causation
Another powerful defense is the argument that the healthcare provider’s actions did not cause the patient’s injury. In medical malpractice cases, the plaintiff must prove not only that the provider was negligent but also that this negligence directly caused their injury. The defense may present evidence that the injury was a result of an underlying medical condition, a pre-existing issue, or other factors unrelated to the provider’s care.
Informed Consent
Informed consent is the process by which a patient is made aware of the potential risks, benefits, and alternatives to a medical procedure or treatment before agreeing to it. A common defense is that the patient was fully informed of the risks involved and voluntarily accepted them. The defense may produce signed consent forms and detailed documentation showing that the patient was aware of the potential outcomes and chose to proceed.
Comparative Negligence
In some cases, the defense may argue that the patient’s own actions contributed to their injury. This is known as comparative negligence.
For example, if a patient failed to follow post-operative care instructions or neglected to take prescribed medication, the defense might claim that these actions contributed to or caused the injury.
Depending on the jurisdiction, the patient’s compensation could be reduced or even eliminated if they are found partially at fault.
Statute of Limitations
Medical malpractice claims are subject to a statute of limitations, which is the time limit within which a plaintiff must file a lawsuit. If the lawsuit is filed after this period has expired, the defense can argue that the case should be dismissed, regardless of the merits. The statute of limitations varies by state and the specific circumstances of the case, such as when the injury was discovered.
No Injury or Damages
Another defense is that the plaintiff did not suffer any actual injury or damages as a result of the healthcare provider’s actions. In some cases, the defense may concede that there was a deviation from the standard of care but argue that it did not result in any harm to the patient. Without provable damages, a medical malpractice claim is unlikely to succeed.
Pre-existing Condition
The defense may argue that the plaintiff’s injury or condition was not caused by the healthcare provider’s actions but was instead due to a pre-existing condition. This defense is often used in cases where the patient had a chronic or underlying medical issue that could have caused or contributed to the injury.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski Morrow & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.