In any legal case, the defendant has the right to present a defense. When it comes to medical malpractice, healthcare providers often use various defenses to dismiss or reduce claims. Here are some common defenses against medical malpractice claims in California and how they can impact your case.
Common Medical Malpractice Defenses
- Contributory Negligence: The defendant may argue that the patient’s actions contributed to the harm.
- No Breach of Duty: The provider may argue that they met the standard of care.
- Pre-existing Condition: The defendant may argue that the patient’s injury was due to a pre-existing condition and not their actions.
- Known Risk: Patients typically sign consent forms acknowledging a wide range of known risks associated with medical procedures. These documented risks are often invoked as a defense in medical malpractice cases. For example, nerve injuries can occur as a recognized complication of many procedures, even when the procedure is performed without negligence.
How to Combat These Defenses
In a California medical malpractice claim, Wilcoxen Callaham, LLP can challenge a medical provider’s defenses by presenting strong evidence that directly contradicts the provider’s claims. This may include expert testimony establishing the applicable standard of care and showing how the defendant’s actions deviated from that standard. In representing the plaintiff, the firm can also introduce medical records, timelines, and witness statements to refute arguments such as the patient’s pre-existing condition or contributory negligence. Additionally, challenging the credibility of the defense’s expert witnesses or exposing inconsistencies in the provider’s documentation can weaken the defense’s case and bolster the plaintiff’s position.
More information on how you can help your attorney prepare to combat these defenses can be found in our blog Proving Medical Malpractice in California.
Frequently Asked Question
Q: Can a doctor argue that I contributed to my injury?
A: Yes, but if your actions didn’t significantly contribute to the injury, this defense is unlikely to succeed.
