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Common Medical Malpractice Defense Arguments


We depend on medical professionals to provide effective healthcare and competently treat our injuries and illnesses. We trust that when we visit a medical professional, they will render treatment within the acceptable standard of care. The last thing you expect when you visit a medical professional is to be left in a worse position. Fortunately, after suffering harm due to a medical professional’s negligence, you can file a medical malpractice claim to seek justice and compensation. However, receiving the justice and compensation you deserve can be challenging. Medical professionals facing malpractice claims invariably assert aggressive defenses.

At Carroll Law Firm, our skilled Atlanta medical malpractice attorney is ready to overcome medical malpractice defense strategies. We are ready to help you fight for the compensation you deserve. Below, we discuss some common medical malpractice defense arguments we have encountered.

No Violation of Standard of Care

The defendant may dispute that the standard of care was violated. Defense attorneys may call upon an expert witness to testify that the medical professional’s decisions were acceptable. We can present our own expert testimony establishing that  a violation of the standard of care occurred.

Comparative Negligence

In some cases, the defendant tries shifting the blame to the plaintiff. If the medical professional can show that you contributed to the harm that arose, they may have a valid defense. However, in Georgia, even if the plaintiff is at fault to some degree, the plaintiff can still recover compensation if her degree of fault is less than the fault of the defendant.

Avoidable Consequences

Sometimes defendants argue that the claimant failed to take reasonable steps to mitigate or prevent damages. Most states, including Georgia, provide that injured patients, even those who have suffered harm due to medical malpractice, should take reasonable action to reduce the consequences of the medical professional’s negligence. If a patient fails to mitigate damages, their compensation could be reduced.

Statute of Limitations

This is a defense argument that many defendants use in medical malpractice cases. According to Georgia law, you generally have two years to file your medical malpractice claim. However, Georgia law provides for some exceptions to the statute of limitations for medical malpractice. For example, if a misdiagnosis causes a new injury (e.g., metastasis of cancer), the statute of limitations may not start running until the new injury occurs. Also, if the defendant fraudulently conceals your medical malpractice claim from you, such concealment can also prolong the statute of limitations.

Someone Else Is To Blame

If the defendant does not try pinning the blame on you, they may try pinning it on someone else. The defendant may try to blame another medical professional or a healthcare facility. For instance, the defendant may argue that another medical professional failed to provide the necessary care or diagnose your condition.

Pre-existing Injury

The medical professional may argue that a pre-existing condition caused your injury or ailment. If the defendant raises this argument, we can help you prove that the medical professional’s negligence exacerbated your underlying condition.

Contact an Atlanta Medical Malpractice Attorney Today

If you’ve suffered harm due to a medical professional’s negligence and need help seeking the justice and compensation you deserve, contact our skilled Atlanta medical malpractice attorney at Carroll Law Firm.

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