Tuesday, July 7, 2015

Common Arguments Used Against Medical Malpractice Claims

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.

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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.

If you have been injured due to a physician’s negligence, contact the attorneys at Hardesty, Tyde, Green& Ashton today for a free consultation by calling (904) 600-5122.

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