Defenses Frequently Raised By Health Care Providers

Medical malpractice are always hard fought, very emotional claims.   From the Plaintiff's perspective the injuries are often massive and the feeling of being let down by somebody you trusted is overwhelming.   From the Defendant side, pride, ego, financial exposure, and anger often result in some of the most complex and nasty litigation!

The defense may claim:

• That the treatment they provided you was reasonable and no additional treatment was required
• That the injury you suffered was caused by something other than the health care providers' treatment
• That different or additional treatment could not have been provided to you for some reason
• That you suffered no lasting effect from the treatment
• That you contributed in some way to your injury
• That you signed a waiver or were informed of the risks of the procedure

Many defense attorneys will attempt to overwhelm the Plaintiff by obtrusive discovery tactics and the use of multiple experts.   To be sure, there are many techniques to combat these defenses.   However, every Plaintiff in a malpractice claim must be prepared for a long and vigorous battle.