Tactics Used by Defendants in Medical Malpractice Cases: What to Expect

What Tactics Will the Defendants Use?

In medical malpractice cases, defendants will use various tactics to avoid liability. Besides trying to show that there was no negligence or that no damage was caused by the alleged negligence, the defense may argue that something or someone else actually caused the injuries. A defense that is very frequently encountered is blaming the patient for the problem.

Common Defense Tactics

• Blaming the Patient: The defense may argue that the patient was responsible for their own injuries. This can take many forms, such as claiming that the patient was too fat, too thin, had unusual internal anatomy, was a smoker, a drinker, a drug abuser, or did not take their medicine. They may also argue that the patient failed to tell the doctor something important or did not follow medical instructions.
• Comparative Negligence: In Florida, we have a modified comparative negligence rule. This means that if the jury finds the doctor sixty percent at fault and the patient forty percent at fault, then the patient may recover sixty percent of their damages from the doctor. There are other important permutations to this rule, so it is essential to ask your medical malpractice attorney how comparative fault might apply to your particular case.

Defending Against Blame

When medical malpractice occurs, an experienced medical malpractice lawyer will help you navigate these defense tactics. They will gather all relevant medical records, consult with medical professionals, and build a strong case to counteract these defenses. Your lawyer will work to prove that the medical professional failed to meet the standard of care expected in the doctor-patient relationship and that this failure directly caused your injury.

Key Considerations in Medical Malpractice Cases

• Understanding the Types of Medical Malpractice: Common types include surgical errors, medication errors, and misdiagnoses.
• Collecting Medical Records: Thoroughly reviewing medical records is crucial for building a strong case.
• Proving Negligence: Establishing that the medical professional failed to meet the expected standard of care.
• Filing a Medical Malpractice Claim: Ensuring the claim is filed within the statute of limitations and other time limits.
• Navigating Comparative Negligence: Understanding how comparative fault rules might affect your case.

Conclusion

Understanding the tactics used by defendants in medical malpractice cases is essential for building a strong case. Consulting with an experienced medical malpractice attorney will help you navigate these challenges and protect your rights. They will ensure that you are well-prepared to counteract defense strategies and maximize your chances of a successful outcome.