If you have a pre-existing medical condition and are considering filing a medical malpractice claim, you may be wondering how your prior health issues could affect your case. While having a pre-existing condition does not automatically prevent you from recovering compensation, it can complicate matters. Understanding how pre-existing conditions are treated in medical malpractice claims can help you prepare for potential challenges.
The “Eggshell Plaintiff” Rule
One important legal principle that may apply in your case is the “eggshell plaintiff” rule. This rule states that a defendant must take a plaintiff as they find them, meaning that if a medical provider’s negligence worsens an existing condition, the provider can still be held liable for the harm caused.
Therefore, even if you had a pre-existing condition, you may still have a valid claim if the provider’s negligence directly led to additional injury or worsened your condition.
The Challenge of Causation
One of the most significant hurdles in a medical malpractice case involving a pre-existing condition is proving causation.
The defendant may argue that your injuries or worsening health were due to your underlying condition rather than the alleged malpractice.
To succeed, you must demonstrate that the medical provider’s actions (or inactions) directly caused new harm or made your condition significantly worse.
The Role of Medical Experts
Medical expert testimony is often crucial in cases where a pre-existing condition is involved. Experts can help establish:
- The nature and severity of your pre-existing condition before the alleged malpractice,
- How the medical provider’s actions deviated from the accepted standard of care, and
- Whether the provider’s negligence directly caused a worsening of your condition or led to additional injuries.
The Importance of Medical Records
Your medical records will play a critical role in your case. These records will help distinguish between symptoms or issues caused by your pre-existing condition and those resulting from medical malpractice.
A thorough review of your medical history by an experienced attorney and medical experts can help build a strong case.
Damages in Cases Involving Pre-Existing Conditions
If you can prove that medical malpractice occurred and worsened your condition, you may be entitled to compensation for:
- Additional medical expenses related to the malpractice,
- Pain and suffering caused by the new or worsened condition, and
- Lost wages or diminished earning capacity if the malpractice affected your ability to work.
Protecting Your Case
If you have a pre-existing condition and believe you are a victim of medical malpractice, consider taking the following steps:
- Document everything: Keep records of your medical treatment, symptoms, and any changes in your condition.
- Seek medical attention: A prompt evaluation by another medical professional can help assess whether your condition has worsened due to malpractice.
- Consult an experienced attorney: A lawyer who specializes in medical malpractice can help you navigate the legal complexities and build a strong case.
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.