When you go to the doctor you expect to be treated quickly and effectively, and for good reason. Doctors spend years receiving education and training to adequately perform their jobs, and they acquire additional training each year to stay on top of acceptable practices. But if you’re reading this post, then you or a loved one was probably hurt by an errant doctor’s mistake, resulting in catastrophic harm that can include everything from a disabling injury to a worsened medical condition, a poor prognosis, emotional and psychological turmoil and financial devastation.
That can be a lot to handle as you’re trying to recover from the harm that’s befallen you. But a medical malpractice lawsuit might give you the leverage you need to hold negligent medical professionals accountable and recover the compensation you’re owed. If you want to win one of these claims, though, you’ll need to be prepared to counter commonly utilized medical malpractice defenses.
There are several medical malpractice defenses out there, but the specific one that you’ll face depends on the facts of your case. And keep in mind that multiple defenses might be raised. So, before getting too deep into your case, be sure to have a strategy to counter the following defense arguments:
- The care provided was in line with acceptable medical standards: In many medical malpractice cases, the victim argues that the doctor failed to adhere to the applicable standard of care. But if the doctor can show that they were acting consistent with applicable standards, then it’ll be hard for you to demonstrate that they acted negligently. You’ll likely need expert testimony here to both establish the applicable standard and to speak to how your doctor’s actions fell short of it.
- Your injuries weren’t caused by a medical mistake: The doctor in your medical malpractice case might try to argue that your harm was caused by something other than their actions. This argument can be especially effective if you have a pre-existing condition, or your harm didn’t appear until long after the operation in question. So, make sure you have a medical professional who can speak to your injuries and their proximate cause.
- Comparative fault exists: Even if you can show that your doctor made a mistake, they still might try to lay part of the blame on you in hopes of reducing their liability. The doctor in your case might raise this argument if you failed to raise relevant medical history and that failure contributed to your harm, or if you failed to follow the doctor’s orders in some fashion. Be sure to have evidence that minimizes or eliminates this argument.
- The statute of limitations has run: There’s only a certain period of time during which you can file your medical malpractice case. If you miss that window, then you’ll be barred from pursuing your claim and fighting for the compensation you need. So, be sure to act quickly to start building your case before it’s too late.
Don’t be taken by surprise in your medical malpractice case
You need to be fully prepared heading into your medical malpractice case so that you can raise effective legal arguments and parry and defenses that are thrown your way. That preparation can feel overwhelming, though, especially when you’re just trying to get by day-to-day given the extent of your harm.
But you don’t have to find your way through the tangled web of a medical malpractice case on your own. Be sure to surround yourself with those who can support and help you so that you can get through this difficult process as strongly as possible.
