Common Defenses in Medical Malpractice Lawsuit Cases

Christopher Michael Mellino

Written by

Medical Malpractice Attorney - Cleveland, OH

Posted January 24, 2013

When filing medical malpractice lawsuit cases, there are many common defenses for which you should be prepared. If you’re considering filing a malpractice claim, it may benefit your case to learn about these defense strategies before proceeding with your case.

A personal injury attorney in Cleveland at Mellino Robenalt LLC can go over the medical malpractice defenses that you might encounter, and can help prepare for them prior to any legal proceedings or negotiations. Although improving patient safety is always a concern for healthcare professionals, “deny and defend" continues to describe doctors’ and hospitals’ prevailing response to patient injuries. Don’t let your injury or illness be ignored by a large healthcare unit, hire an attorney who stands up for patients’ rights

Common Defenses in Medical Malpractice Lawsuit Cases

There are several medical malpractice defense strategies that you should be prepared for when filing a claim.

Common defenses include:

  • The doctor’s deviation from standard of care did not lead to, worsen or contribute to the patient’s injuries or damages.
  • The patient was negligent. If the patient’s negligence is proven to have caused the injuries and resultant damages, the patient will be unable to recover damages in the claim.
  • The patient gave informed consent, assuming the risk of the complications or side effects he or she experienced.
  • The patient failed to treat the condition or made the condition worse.
  • The patient failed to provide pertinent information to the doctor.
  • Another medical provider or doctor caused the injuries.

When building your case, you must demonstrate not only that you experienced injuries or damages and that negligence occurred, but that the two were connected. When establishing negligence, the doctor must be found to have acted in a way that deviates from the manner in which other reasonable professionals would have acted in the same situation.

Other defenses may be brought up over the course of the claim depending on the circumstances surrounding your injury. When filing a medical malpractice lawsuit case, it’s best to consult with a personal injury attorney before proceeding.

An attorney can best help you prepare for these possible medical malpractice defense tactics as they relate to your case, as well as help you gather evidence, line up expert witness testimony and represent you during negotiations and in court. These cases can be highly complicated; it’s not recommended to file one without the guidance of a legal professional.

Get Help from a Personal Injury Attorney in Cleveland

In 2011, more than $83 million was paid out in medical malpractice lawsuit cases in Ohio, according to data from the National Practitioner Data Bank. You could be due compensation, too, if negligence is to blame for your injuries.

If you or a loved one was the victim of medical malpractice or negligence, contact Mellino Robenalt LLC at 440-333-3800 today. It’s important you speak a personal injury attorney in Cleveland about your case immediately, as Ohio statute of limitations dictate you must file your claim within one year of the incident. Check out our FREE Ohio medical malpractice guide for more information on filing successful medical malpractice lawsuit cases.


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