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Common Defenses Used by Doctors and Hospitals
If you or a loved one suffered harm at the hands of a medical professional in Philadelphia, you may be wondering what to expect when you file a medical malpractice claim. One key step in any case is understanding the common defenses that doctors and hospitals use to avoid liability. Knowing these defenses will help you work more closely with your Philadelphia medical malpractice lawyer and prepare for what lies ahead. Let’s explore some of the most frequent arguments used by the defense and how a skilled attorney can help you overcome them.
Table of Contents
The “Standard of Care Was Met” Defense
One of the most common defenses in medical malpractice lawsuits is the claim that the doctor or hospital met the “standard of care.” In Pennsylvania, this means the medical provider gave treatment that a reasonably skilled professional would provide under similar circumstances.
Hospitals and doctors often bring in their own experts to testify that their actions were reasonable, even if the outcome was not what the patient hoped for. For example, if a patient experiences complications after surgery, the defense may argue that the procedure was handled just as any other doctor would have under the same conditions. They might rely on medical records, expert reviews, and even national treatment guidelines to support this claim.
But here’s the problem: Medical care is not always black and white. Small details can make a big difference. A seasoned medical malpractice attorney can challenge the defense’s version of the “standard of care” by finding their own experts who spot errors the defense may try to gloss over. Local experience matters, too, since practices can vary from hospital to hospital. An attorney who knows how Philadelphia hospitals operate can spot when care fell below local standards.
The “No Causation” Argument
Even if a mistake happened, the defense may argue that their actions did not cause the patient’s injury. This is called the “no causation” defense. For example, if a patient’s infection worsens after a missed diagnosis, the hospital might claim that the patient would have suffered harm regardless of when the diagnosis came.
This defense often comes up in complex cases involving severe illness, multiple medical issues, or advanced age. The defense may hire experts to say that the outcome was inevitable due to the patient’s underlying condition. In these situations, your Philly medical malpractice attorney works to show that earlier or better care would have led to a better result. Medical records, timelines, and testimony from independent doctors can make a big difference in proving that the injury was avoidable.
The “Assumption of Risk” and Informed Consent Defense
Doctors and hospitals may also claim that a patient was told about the possible risks of a procedure or treatment and agreed to move forward anyway. This is called the “assumption of risk” or “informed consent” defense. For example, if a patient signs a consent form listing possible complications of surgery, the defense may argue that the patient knew what could happen and accepted those risks.
However, Pennsylvania law requires that doctors provide clear and full information about the risks, benefits, and alternatives—not just hand over a form to sign. If the doctor rushed through the explanation or failed to mention a specific risk, that may not count as true informed consent. A skilled medical malpractice lawyer can examine the consent process, review documents, and even question staff to see if the explanation was adequate. If not, the defense may not hold up in court.
The “Statute of Limitations” Defense
In Pennsylvania, strict time limits apply to medical malpractice lawsuits. Generally, you must file your claim within two years from the date you discovered, or should have discovered, the injury. If you wait too long, the hospital or doctor will almost always argue that your case should be dismissed because it’s outside the statute of limitations.
This defense can become complicated if the injury wasn’t obvious right away or if the victim was a minor. Pennsylvania law has special rules for children and other situations, so it’s important to work with a medical malpractice attorney who understands all the exceptions. Acting quickly and gathering evidence early can help you avoid problems with this defense.
The “Comparative Negligence” Defense
Hospitals and doctors may try to shift some or all of the blame to the patient. This is known as the “comparative negligence” defense. For example, they may argue that the patient did not follow instructions, missed follow-up visits, or failed to take prescribed medication, and that this contributed to the injury.
Under Pennsylvania law, if the patient is found partly at fault, their compensation can be reduced by the percent of their own responsibility. If they are found more than 50% at fault, they may recover nothing. That’s why it’s vital to have a medical malpractice attorney who can counter claims of patient fault with solid facts and clear arguments.
FAQs About Common Defenses Used by Doctors and Hospitals in Medical Malpractice Cases
What should I do if a doctor claims I signed a consent form for a risky procedure?
If a doctor or hospital says you accepted the risks by signing a consent form, don’t assume you have no case. Pennsylvania law requires that you receive clear explanations about the risks, benefits, and alternatives—not just paperwork. A Philadelphia medical malpractice lawyer can investigate whether true informed consent was given.
How can I prove the doctor’s mistake actually caused my injury?
Showing causation often requires expert testimony and a thorough review of your medical records. Your medical malpractice lawyer can work with independent specialists to build a timeline and show how prompt and proper care would have changed your outcome.
Can I still file a claim if the mistake happened more than two years ago?
In some cases, yes. The clock may start from the date you discovered the injury, not the date the mistake happened, especially if the injury wasn’t obvious at first. Special rules also apply for children. Speak with a medical malpractice attorney right away to see if your case qualifies for an exception.
What if the hospital says my own actions caused my injury?
Don’t be discouraged if the defense blames you for your injury. Your Philadelphia personal injury lawyer can help gather evidence, talk to witnesses, and present your side of the story. Even if you share some responsibility, you may still be entitled to compensation.
Other Resources About Step-by-Step Guide for Victims
- Common Defenses Used by Doctors and Hospitals
- Understanding the Litigation Process for Medical Malpractice
- Preparing for a Medical Malpractice Consultation
- How to Document Your Medical Malpractice Case
- How Contingency Fees Work in Medical Malpractice Representation
- What Happens During a Free Case Evaluation?
- Settlement vs. Trial: What to Expect in PA Malpractice Cases
- Choosing the Right Philadelphia Medical Malpractice Attorney
- How MyPhillyLawyer Investigates Medical Malpractice Claims
- What to Do If You Suspect Medical Negligence in Philadelphia
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