Common Defenses in Medical Malpractice Claims
Medical malpractice claims in California are complex and often contested aggressively by healthcare providers and their insurance companies. When a patient alleges that a doctor, nurse, or hospital caused injury through negligence, the defendant typically mounts a defense aimed at reducing or eliminating liability. Understanding the most common defenses can help patients recognize the challenges they may face and prepare to protect their rights. We discuss some of these challenges below. If you or a loved one were harmed by medical negligence in a California doctor’s office, clinic, hospital or surgery center, contact Kalfayan Merjanian, LLP, to speak with an experienced California medical malpractice attorney.
Understanding Medical Malpractice
A medical malpractice claim arises when a healthcare provider fails to meet the standard of care and causes harm to a patient. The standard of care refers to the level of skill, knowledge, and care that a reasonably competent professional in the same field would provide under similar circumstances.
To succeed in a California medical malpractice case, a plaintiff must generally prove four elements:
- The provider owed a duty of care to the patient. This duty is the standard of care required of doctors of similar training in the same field in the community.
- The provider breached that duty through action or inaction. Common mistakes include medication errors, misdiagnosis, delayed diagnosis, surgical errors, and birth injuries.
- The provider’s negligence caused the injury.
- The injury resulted in damages, such as medical bills, lost wages, or pain and suffering.
Defendants often raise specific defenses to challenge one or more of these elements, as discussed below.
1. Alleging the Patient’s Pre-Existing Conditions
One of the most common defenses is claiming that the patient’s injury or condition existed before the alleged malpractice. The argument is that the harm was due to a pre-existing illness or injury rather than negligence by the healthcare provider.
How This Defense Works
Defendants may point to medical records, prior diagnoses, or previous treatments to suggest that the injury was inevitable or unrelated to their care.
Countering This Defense
- Expert medical testimony can demonstrate how the malpractice directly caused or worsened the injury.
- Detailed documentation of changes in the patient’s condition before and after treatment can establish causation.
2. Arguing the Standard of Care Was Met
Healthcare providers may claim that their actions were consistent with accepted medical practices. They argue that even if the outcome was poor, they exercised reasonable care under the circumstances.
How This Defense Works
Doctors and hospitals can present peer expert testimony to show that their decisions, procedures, and follow-up care were within the standard of care.
Countering This Defense
- Independent expert opinions can refute the defendant’s claims and explain how their actions deviated from accepted practices.
- Detailed records of treatment errors, missed diagnoses, or failure to follow protocols strengthen the plaintiff’s case.
3. Alleging Patient Contributory Negligence
Defendants may argue that the patient contributed to their own injury by failing to follow medical advice, skipping appointments, or engaging in risky behavior.
How This Defense Works
California applies the principle of comparative negligence, meaning damages can be reduced proportionally to the patient’s fault. Defendants may attempt to minimize their liability by asserting that the patient shares responsibility.
Countering This Defense
- Documenting adherence to medical instructions, attendance at appointments, and communication with healthcare providers can demonstrate that the patient acted responsibly.
- Evidence showing that negligence by the provider was the sole or primary cause of harm can limit the impact of comparative fault claims.
4. Denying Causation
A common defense in medical malpractice cases is to argue that the alleged negligence did not actually cause the injury. Defendants may claim that the harm was due to the natural progression of the disease, unrelated factors, or unforeseeable complications.
How This Defense Works
Doctors may provide medical testimony suggesting that the injury or condition would have occurred even with proper care.
Countering This Defense
- Expert testimony linking the provider’s actions directly to the injury is crucial.
- Medical records, diagnostic tests, and timelines of symptoms help establish a causal connection between malpractice and harm.
5. Statute of Limitations
Defendants may assert that the plaintiff filed the claim too late. In California, most medical malpractice claims must be filed within three years of the injury or one year from the date the injury was discovered, whichever comes first. Failure to file within these limits can be a complete defense.
Countering This Defense
- Exceptions such as delayed discovery of injury or injuries to minor patients can extend the filing period.
- Prompt consultation with an attorney ensures deadlines are met and defenses based on timing are addressed.
6. Emergency or Unforeseeable Complications
Doctors may argue that adverse outcomes were the result of unforeseen complications or emergency situations, rather than negligence. They may claim that even a reasonably skilled practitioner could not have prevented the injury under the circumstances.
How This Defense Works
This defense is particularly common in surgeries, emergency care, or cases involving complex medical conditions.
Countering This Defense
- Expert analysis of whether the provider acted reasonably in the emergency or unusual circumstances can demonstrate malpractice.
- Evidence showing that standard protocols were ignored or that risks could have been mitigated strengthens the plaintiff’s claim.
The Importance of Legal Representation
Medical malpractice cases are highly technical and often involve sophisticated defenses. Insurance companies, hospitals, and physicians have experience and resources to contest claims aggressively. An experienced California medical malpractice attorney can:
- Gather and preserve critical evidence, including medical records and expert testimony.
- Navigate complex procedural rules and statutes of limitations.
- Counter defenses effectively, including comparative negligence and causation disputes.
- Advocate for maximum compensation for both economic and non-economic damages.
Contact the California Medical Malpractice Lawyers at Kalfayan Merjanian, LLP
Medical malpractice claims in California often face multiple defenses aimed at minimizing liability. Successfully overcoming these defenses requires careful investigation, expert testimony, and strategic legal advocacy. The attorneys at Kalfayan Merjanian, LLP, have extensive experience handling medical malpractice claims and can help patients navigate complex defenses to pursue the compensation they deserve. If you or a loved one suffered harm due to medical negligence, consulting an attorney promptly is essential to protecting your rights and building a strong case. Contact us today for a no-cost review of your potential claims.
