Common Medical Malpractice Defense Arguments
If you or a loved one has suffered harm while under the care of a medical professional or hospital in Georgia, you may believe you have a valid medical malpractice case. However, it is vital to understand that hospitals and medical professionals are represented by skilled legal teams whose primary goal is to avoid liability. The hospital’s or healthcare provider’s attorneys may use several defense strategies. Understanding these defenses can help you build strong counter-arguments. It can help you protect your right to fair compensation.
In a previous article with the same title, we discussed some of these defenses, including denying negligence, blaming pre-existing conditions, and pinning the blame on someone else. Below are more defenses you should be aware of if you are pursuing a malpractice claim.
Arguing Lack of Causation
Even if you can show that the medical professional or hospital violated the standard of care, that alone is not enough to win your case in Georgia. To succeed in your case, you must prove that the breach of the standard of care directly caused harm to you or your loved one. It is common for defendants in malpractice cases to argue that the bad outcome would have occurred regardless of the care given.
Assumption of Risk and Known Risks
No treatment or medical procedure is 100 percent safe. There are always some risks involved, even when everything is done correctly. For example, surgical procedures carry inherent risks such as blood clots, bleeding, infections, and potential damage to organs or nerves. Hospitals and medical professionals often argue that the complication or injury was a “known risk” the patient took on or assumed when they signed an informed consent form and chose to proceed. However, while this defense can be applicable in some cases, it does not excuse negligence.
The Independent Contractor Defense
Hospitals often assert the “independent contractor” defense. This defense involves claiming that the physician accused of committing malpractice was not an employee of the hospital but rather an independent contractor. In Georgia, hospitals are not automatically liable for the actions of non-employee doctors.
However, a hospital can be held responsible for the negligence of an independent contractor under the legal theory of “apparent agency” if the hospital presented the doctor as its agent and the patient reasonably believed the doctor was an employee of the hospital.
Challenging the Patient’s Credibility
Hospitals and medical professionals sometimes try to discredit the patient. For example, the hospital or medical professional may claim that you or your loved one is exaggerating the injuries, did not follow medical advice, or gave conflicting accounts of what happened. This strategy is usually aimed at turning the jury against you.
Medical malpractice cases in Georgia are complex, and defendants rarely admit fault without putting up a fight. For this reason, it is vital that you work with an experienced attorney. A skilled attorney will know what to expect and how to fight back.
Contact Us for Legal Help
If you believe you have a malpractice case, contact our experienced Atlanta medical malpractice attorney at Carroll Law Firm to schedule a consultation. We will assess your claim, help you understand your rights, and fight for the compensation you deserve.
