Medical malpractice claims are a serious matter for both medical professionals and insurance companies. When a patient files a medical malpractice lawsuit, it can be a lengthy and costly process for all involved.
Thus, medical professionals and insurance companies may use a variety of tactics to defend themselves against medical malpractice claims and lawsuits. They may include the following:
Denial of Responsibility
One common tactic used by medical professionals and insurance companies is to deny responsibility for the alleged malpractice. This may involve arguing that the injury or harm was not caused by the healthcare provider’s actions or that the healthcare provider acted within the standard of care.
Expert Witness Testimony
Medical professionals and insurance companies may use expert witness testimony to support their defense against a medical malpractice claim. Experts can provide testimony regarding the standard of care, the cause of the injury or harm, and whether the medical professional acted within the standard of care.
Statute of Limitations
Medical professionals and insurance companies may argue that the statute of limitations has expired, meaning that the patient waited too long to file a claim. In California, the statute of limitations for medical malpractice claims is generally three years from the date of injury, but there are exceptions.
Contributory Negligence
Contributory negligence is when a patient’s actions contributed to the injury or harm they suffered. Medical professionals and insurance companies may argue that the patient’s actions, such as failing to follow prescribed treatment or not disclosing important medical history, contributed to the injury or harm.
Settlements
Medical professionals and insurance companies may offer a settlement to avoid a lengthy and costly trial. Settlements can be beneficial for both parties, as they can help resolve the claim more quickly and with less expense.
Jury Selection
Medical professionals and insurance companies may use tactics during jury selection to select jurors who are more likely to be sympathetic to their defense. This can involve asking jurors about their opinions on medical malpractice, their experiences with healthcare providers, and their backgrounds. Of course, they may only use this tactic if a case goes to trial instead of being settled out of court.
Damages
Medical professionals and insurance companies may argue that the damages being sought by the patient are excessive or not related to the alleged malpractice. This may involve challenging the amount of compensation being sought or arguing that the patient’s injuries are not severe enough to warrant the amount of compensation being sought.
The main point to take away from all of this if you’re planning on filing a medical malpractice claim or lawsuit is that doctors and insurers are prepared to defend themselves aggressively. You need to also prepare by ensuring you have proper legal representation.
For over 25 years, Honolulu medical malpractice lawyer Jed Kurzban, Esq. has provided such representation to those who have been harmed because medical professionals failed to provide them with an acceptable degree of care. To learn more about what he can do for you, contact the office online or call us at 808-736-5035.