When you consult a healthcare provider, you expect relief from whatever is ailing you. But what happens when you sustain injuries at the hands of a medical professional? The law permits you to file a medical malpractice claim to recover the damages you suffered due to a physician’s negligence. You can learn more from this medical malpractice attorney website.
Although one in three clinicians will experience at least one malpractice suit in their career, medical malpractice claims don’t always end up in settlements. If you intend to hold a medical practitioner liable for your injuries, expect their defense team to put up a formidable fight. Luckily, an experienced medical malpractice lawyer will build a strong case and anticipate the other side’s strategies. Below are some of the different angles the physician's defense team may take.
Assumption of Risk
Signing consent forms is standard practice in American hospitals before surgery, childbirth interventions, biopsy, blood transfusions, medical implants, and other treatments. If you signed a consent form, the defense would argue that the clinician informed you of the treatment’s risks and side effects.
However, informed consent doesn’t mean you can’t sue a negligent physician. If the doctor made an obvious error or failed to give you options at every step of your treatment, this defense won’t hold up.
Absence of Causation
Causation is the direct relationship between cause and effect, where one event leads to a specific result. Essentially, you must prove that the medical provider’s actions led to your injuries. The physician’s defense team will try to explain your injuries in various ways, including natural causes or your recklessness.
Establishing causation is difficult, especially if you have underlying conditions or surgeries with many potential postoperative risks. You need a malpractice lawyer with experience in cases like yours to prove the physician’s carelessness.
No Standard of Care Violation
A healthcare provider must adhere to a reasonable standard of care when dealing with patients. If you are suing a physician for harm, their legal team will argue that they acted as any other competent clinician for upholding the health standard. As such, the lawyers will posit the healthcare professional could have done nothing to prevent your injuries.
In turn, your medical malpractice attorney must show that the doctor’s actions deviated from the standard of care. The lawyer will consult medical experts in the same field as the at-fault doctor to build a solid case.
No Foreseeability
Doctors must inform you of a treatment's side effects and risks. Moreover, the physician must protect you from these risks. However, the practitioner's defense team may claim that your injuries weren't a foreseeable outcome, like side effects. This defense strategy requires the defendant to show that they couldn't have reasonably predicted your injuries. If you believe you have been a victim of medical malpractice, it is important to seek legal representation and get a medical malpractice attorney. They can help you navigate the complexities of these cases and fight for the compensation you deserve.
Respectable Minority Principle
Some diseases, like neurological conditions and advanced cancer, are complex to treat. As a result, clinicians often use innovative and risky interventions that may not succeed, making them vulnerable to malpractice suits.
To defend a doctor’s decision to use new and innovative treatments, the defense team must show that a revered minority of medical professionals support the non-standard method.
Patient Non-Compliance
The doctor’s defense may also argue that your actions worsened your symptoms or interfered with recovery. For instance, you may have lifted heavy objects after surgery against your doctor’s orders, preventing proper healing.
However, this defense doesn’t always hold up. For example, a doctor may prescribe medications that interact poorly with drugs you are already taking and fail to warn you of the side effects. In this case, your medical malpractice lawyer may argue that you stopped taking the prescribed medications to protect your health.
Good Samaritan
Like many other states, Illinois has a Good Samaritan Law. If a doctor helps someone in an emergency, the law shields them from civil liability if something goes wrong. However, the physician must demonstrate that they performed as a competent clinician would under similar circumstances.
Statute of Limitations
If a negligent physician has harmed you in Illinois, time isn't on your side in recovering compensation. The state prescribes a two-year timeline (735 ILCS section 5/13-212(a)), from the day you know about a physician’s negligence to when you file a malpractice claim. If you wait too long, the defendants can argue for a case dismissal.
Winning Medical Malpractice Case Is Possible with an Experienced Attorney
If an inattentive clinician harmed you, you might be anxious about the defense they will put up if you file a lawsuit. But the law is on your side. You only need a seasoned lawyer to recover the compensation you deserve. A medical malpractice attorney will counter all defenses the clinician’s legal team uses, holding the at-fault physician accountable for your injuries.
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