Getting slapped with a medical malpractice lawsuit can leave you reeling, stunned that you’ve been accused of breaching the duty of care and harming your patient. Although confronting the claim filed against you can be stressful, you should take comfort knowing that you might have some defense options available to you. One of them is to show that the plaintiff had a pre-existing condition that was responsible for the harm that was caused to them after your provision of care.
Finding pre-existing conditions in a medical malpractice lawsuit
The plaintiff probably isn’t going to come out and say that they had a pre-existing condition that contributed to their harm. The onus is on you to sniff that out and bring it to the forefront of your medical malpractice case. But how do you do that?
Here are some steps that you might be able to take to discover evidence of a pre-existing condition:
- Sending interrogatories to the plaintiff that will help you discover everywhere the plaintiff has received care in a given period of time.
- Subpoenaing medical records so that you can thoroughly analyze them to find indications that a pre-existing condition may have been a factor in the claimed harm.
- Deposing the plaintiff to lock them into their testimony about their health and any pre-existing conditions.
- Talking to those who know the plaintiff well to see if they can testify as to any physical or mental characteristics that may be indicative of the plaintiff having a pre-existing condition.
Leave no stone unturned in your medical malpractice case
There’s a lot on the line in your medical malpractice case. A bad outcome could cost you a lot of money and your reputation. To protect yourself from those devastating results, you need to build an aggressive medical malpractice defense. Fortunately, you can find guidance and support as you navigate this trying time, which will hopefully help you secure the outcome that you want.
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