Top 5 Ways A Hospital Will Fight A Medical Malpractice Claim

Being injured by your doctor can be a stressful and confusing time. You put your health into the hands of someone that you trust and they have abandoned that trust by not performing their professional duties. You may think that you have a powerful case against the doctor and the hospital for medical malpractice, but the truth is that hospitals will vigorously fight your claims. There are many ways that hospitals can fight a medical malpractice claim.  We will go over the top 5 ways.

The Doctor Did Not Cause The Alleged Injuries

One of the fundamental aspects of a medical malpractice claim is that the injuries sustained by the plaintiff must be caused by the doctor’s negligence. If that causal relationship is not present, then the plaintiff does not have a case.  Even if the hospital admits that an error was made, if the injuries were not caused by that medical error, the case may be thrown out.

Hospitals will work diligently with their attorneys to look into the health history of the patient in order to prove their case. They may say that the patient had preexisting conditions that caused them to be injured, and it was not the fault of the doctor.  The hospital will hire expert witnesses in their attempt to prove their case.

The Medical Malpractice Claim Was Filed Too Late

Every state has a cut off date for when a medical malpractice case can be filed. These laws protect defendants from claims that happened a long time ago and where certain evidence might be lost or the memories of the plaintiff and defendant might be weak.

The statute of limitations to file a medical malpractice case in Pennsylvania is two years from the date when the injured patient discovered the error or should have discovered the error. The limitations do not start running on the date that the malpractice occurred, which is what is commonly thought.

Because the statute of limitations is short, injured patients should hire a competent and knowledgeable medical malpractice attorney as soon as possible after the discovery of the error. If you file a claim after the statute of limitations has run out, you will not be able to get compensated for your injuries and your case will be thrown out.

The Injured Patient Knew About the Medical Risk

The hospital might claim that the patient knew about the possible risks associated with a specific procedure. Before a medical procedure is performed, a physician must inform the patient of possible risks. This is called informed consent.

The hospital can claim that the patient was given informed consent about the procedure and that the patient signed a form giving their consent to the procedure. In Pennsylvania, courts will consider whether a patient with a similar condition and medical history would have made the decision to get the procedure if they had been informed of the risks involved.  The hospital will try to prove that this would be the case.

Also, the hospital might claim that there was no informed consent because the procedure was a medical emergency and informed consent was not viable under the circumstances.

The Doctor’s Actions Were Equal To the Standard of Care

One important factor in proving medical malpractice is that the medical professional performed their duties in a manner that violated the standard of care. The standard of care is the level of care that a component medical professional with the same background would have provided under the same circumstances.

In Pennsylvania, the plaintiff must provide an expert report from a medical professional that the defendant’s actions were below the standard of care.  Hospitals will counter this with any proof that the medical professional’s actions were equal to the standard of care in this specific medical situation.

The discussion of standard of care usually comes down to dueling medical experts. Your medical malpractice lawyer usually knows highly regarded medical experts and can utilize their expertise to prove your case.  However, it is important to understand that the defense will do the same.

The Patient Was Non-Compliant After The Procedure

Patients are usually given instructions after a procedure, like not lifting heavy objects or not drinking alcohol.  The hospital may attempt to prove that the plaintiff’s injuries were not caused by medical malpractice but were a result of the post-surgery actions of the patient.

The hospital may use different tactics to prove their case, such as hiring a private investigator to follow the patient after a claim was made, or scour their social media accounts for instances where they defied doctor’s orders. We have all seen where hidden cameras have caught patients doing activities that went against doctor’s orders.  That is one reason why defense attorneys tell their clients to stay off social media during the length of their case.

Wapner Newman Helps Fight Back Against Hospitals

When a hospital is involved in a medical malpractice case, they will do everything they can to get the case dismissed or win at trial. Hospitals have deep pockets and will hire high-powered attorneys to fight against medical malpractice lawsuits.

That is why you need a law firm that will fight back with vengeance.  The knowledgeable and diligent medical malpractice attorneys at Wapner Newman know all of the tactics that hospitals use in order to pay out as little as possible in settlements or in front of a jury.

Over the years, Wapner Newman has helped hundreds of clients get compensated for their injuries. We understand the law and will use every piece of it to represent you. We are creative and will not stop fighting for you until you are satisfied with the outcome.

So, give us a call at (215) 569-0900 to get started. We offer a free consultation to look over your specific case and discuss how we can help you get compensation for your injuries.