When it comes to medical malpractice cases, one of the most complex issues to navigate is the role of pre-existing injuries or conditions. Injury victims often wonder how their prior health conditions might affect their claim, and understanding this is key to building a strong case. Here’s an overview of how pre-existing injuries can impact a medical malpractice claim.
The “Eggshell Plaintiff” Rule
One of the most important doctrines in medical malpractice law is the eggshell plaintiff rule. This rule states that a defendant (in this case, the healthcare provider) is responsible for any harm caused to the plaintiff, even if the plaintiff is particularly vulnerable due to a pre-existing condition.
In other words, the healthcare provider cannot escape liability simply because the plaintiff had a condition that made them more susceptible to injury.
For example, if a patient with a pre-existing spinal condition undergoes surgery and the surgeon’s negligence exacerbates the condition, the doctor can still be held liable for the additional harm caused, even if a healthier patient may not have experienced the same degree of injury.
Causation Complications
While the eggshell plaintiff rule works in favor of the patient, proving causation becomes more complicated when pre-existing conditions are involved.
The key question in a medical malpractice case is whether the healthcare provider’s negligence directly caused the injury. In cases with pre-existing injuries, the defense may argue that the plaintiff’s current condition is primarily due to their prior health issues, not the doctor’s actions.
Medical experts are often brought in to testify and assess whether the harm resulted from the malpractice or was simply a progression of the pre-existing condition. The plaintiff will need to show that the healthcare provider’s negligence either worsened the pre-existing injury or caused new, distinct harm.
Aggravation of Pre-Existing Conditions
If a medical professional’s negligence aggravates a pre-existing condition, the patient may still have a valid claim. In such cases, the plaintiff must demonstrate that the doctor’s conduct directly worsened the pre-existing condition. The court will likely consider how much of the injury or harm can be attributed to the pre-existing condition versus the healthcare provider’s negligence.
For example, a patient with chronic back pain might still pursue a malpractice claim if a negligent surgery made their condition significantly worse.
Impact on Damages
Pre-existing conditions may affect the amount of damages awarded. A plaintiff with pre-existing injuries might recover less in damages if the court determines that some of the current injury or pain is related to the prior condition rather than the malpractice itself.
This process, known as “apportionment of damages,” allows the court to assign liability based on the percentage of harm caused by the malpractice versus the pre-existing condition.
In some cases, the defense may even introduce evidence to limit the amount of compensation, arguing that the plaintiff’s condition would have worsened regardless of the alleged malpractice.
Clear Documentation is Key
For injured plaintiffs, it is crucial to have thorough medical documentation before and after the alleged malpractice incident. Accurate medical records can show the extent of the pre-existing injury and highlight any worsening of the condition after the healthcare provider’s actions.
Such documentation strengthens the argument that the malpractice caused new or aggravated harm.
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 & 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.