Common Defenses in Medical Malpractice Cases and How to Overcome Them
When you or a loved one suffers harm due to medical negligence, the injustice can feel overwhelming. Hospitals and doctors rarely admit fault outright, and their legal teams work hard to minimize liability. Often, providers will “circle the wagons” and wholly refrain from providing an honest assessment of another provider’s care. Understanding the defenses commonly used in medical malpractice cases is crucial to anticipating challenges and building a strong case.
At Lazenby Law Group, we stand firm in the fight for justice, ensuring that victims of medical negligence have the best possible chance of holding healthcare providers accountable. Here’s a look at some of the most common defense strategies—and how we might counter them.
The Standard of Care Was Met
One of the most frequently used defenses is the argument that the doctor or hospital followed the accepted standard of care. Healthcare providers claim they acted as any reasonably competent professional would under similar circumstances.
Overcoming This Defense: To challenge this, we bring in expert medical testimony to illustrate how the provider’s actions deviated from established medical protocols. If a reasonable physician would have taken different steps to prevent harm, we will maintain that the standard of care was not met, and negligence occurred.
The Injury Was a Known Risk
Doctors and hospitals often argue that the patient suffered a complication that was a recognized risk of the procedure, and that the complication could happen under the best of circumstances rather than a result of malpractice.
Overcoming This Defense: While some risks are inherent to medical treatment, there is a difference between an accepted risk and a preventable injury caused by negligence. We analyze whether proper precautions were taken, whether the risk was adequately explained to the patient, and whether an error—such as a surgical mistake or medication overdose—was responsible for the harm.
The Patient Was Partially at Fault (Contributory Negligence)
Georgia’s modified comparative negligence rule allows defendants to argue that the patient’s own actions contributed to their injury. If the patient is found 50% or more at fault, they cannot recover damages.
Overcoming This Defense: We counter this by showing that even if a patient made a mistake—such as missing an appointment or misunderstanding instructions—the doctor still had a duty to act within the standard of care. A patient’s minor misstep does not excuse a doctor’s major negligence.
The Doctor Made a Real-Time ‘Judgment Call’
Some medical decisions involve professional judgment, and the defense may argue that the doctor made a reasonable decision in a difficult situation.
Overcoming This Defense: Judgment is not a blanket excuse for negligence. We work to demonstrate that, in some cases, there is only one correct course of action. If a doctor had clear warning signs of a medical urgency in the moment and failed to act, that is not a reasonable judgment call—it’s a failure to meet the standard of care.
The Injury Was Due to a Pre-Existing Condition
If a patient had a prior medical condition, the defense may argue that this condition, rather than medical negligence, was the primary cause of harm.
Overcoming This Defense: While pre-existing conditions can complicate a case, they do not absolve doctors of their responsibility. A careful study of hospital records and patient history can show that even if a patient had underlying health issues, the provider’s actions (or inactions) directly worsened the condition or caused additional harm.
The Statute of Limitations Has Expired
In Georgia, medical malpractice claims must generally be filed within two years of the injury. The injury is deemed to have occurred when the doctor’s actions were negligent; not when the negligent actions were first noticed or discovered. If too much time has passed, the defense may argue that the case is legally invalid.
Overcoming This Defense: If you are unsure whether your case has exceeded the statute of limitations, contact us for a consultation and our team can clarify your options. Our team can review medical records and timelines to determine if a claim can still be pursued under the law.
Fighting for Your Rights with Lazenby Law Group
Navigating a medical malpractice case requires experience, persistence, and a deep understanding of both medical and legal complexities. At Lazenby Law Group, we stand by victims of medical negligence, ensuring they receive the justice and compensation they deserve. Our most recent medical negligence trial resulted in a $70,000,000.00 verdict. We approach every case with empathy, determination, and a commitment to uncovering the truth. If you or a loved one has been harmed by medical negligence, we are here to fight for you. Contact us today for a consultation.
