If you are filing a medical malpractice claim, it is
important to have as much evidence as possible ready for your attorney. Medical
malpractice claims are difficult and often come with numerous defenses that can
be hard to fight off. Your attorney will work closely with you to ensure there
are no arguments against your valid claim, but it is equally important you
understand some of the common defenses used by medical professionals accused of
malpractice.
Patient Negligence
One of the most common defenses to medical malpractice claims is that the patient was negligent; therefore, he or she contributed to
or caused the injury on his or her own. Because medical malpractice is based on
negligence, the medical professional can attempt to prove that the plaintiff
was responsible for their injuries.
If the patient did cause or contribute to their injury,
contributory negligence rules will apply. Contributory negligence can reduce
the amount of damages the plaintiff is awarded and come sometimes thwart all
attempts to recover damages.
Examples of Negligence
Some common patient negligence defenses that may be used
include:
·
The patient caused their own injuries or harm.
·
The patient did not take necessary steps to
reduce their damages or their actions made the injury worse.
·
The patient signed a consent form stating that
they waived all rights to sue or accepted the assumption of risk.
·
The patient didn’t disclose information to the
doctor necessary to prevent the injury.
·
The patient has a pre-existing condition that
was not originally caused by the physician.
·
The harm was unavoidable because there was no
known risk for that injury.
·
The patient didn’t suffer from measurable harm.
·
The patient engaged in activity that disrupted
the chain of causation; therefore, there is no direct link between the medical
professional and the injury.
Hire an Attorney to Help You With Your Medical Malpractice Claim
Because there are dozens of potential defenses to medical
malpractice, individuals should contact a Jacksonville medical malpractice attorney to
assist them with their claim. An attorney can assess the evidence and help
build a case that will thwart these attempts altogether. Also if there is
evidence the patient contributed, the attorney can still work to get the patient
compensation for the portion of their injuries that they are not responsible
for.
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