It may seem as though you have an obvious, “slam dunk” case when you are affected by a medical mistake, but even if you bring legal action against a doctor, institution or both, you will have to prove your case. And the doctor and/or institution will build their own defense to the case.
With that in mind, it is imperative to understand what kind of defense tactics the doctor and/or institution will utilize in a medical malpractice case.
First of all, every case is different, and every state is different. Understanding how the medical malpractice laws apply in your state is critical to building your case — and to prepare for the defense.
Secondly, remember that medical malpractice falls under standard negligence, which means standard negligence defense tactics are viable. The doctor or institution could argue that the treatment you receive was on par with the medical standard, or that the negative effects or conditions you experienced did not have anything to do with the treatment.
In addition, there can also be contributory negligence claims made by the doctor. These claims will likely point the finger at you, stating something to the effect of “the injury would not have occurred had the patient followed the medical direction provided, or had the patient not committed a negligent act.”
There are also statute of limitations with medical malpractice claims, so you have to be sure that you are within the guidelines of these laws to ensure your case stands a chance.
Source: FindLaw, “Defenses to Medical Malpractice,” Accessed May 5, 2016
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