There are two pieces of a medical malpractice lawsuit that you need to be prepared to defend against. The first is liability. Here, you can use experts and the facts to try to brush off attempts to lay blame for the plaintiff’s injuries at your feet. The second piece is damages. If you’re found liable, then you need to do everything you can to try limit the amount of compensation that the plaintiff can recover. While there are several ways to do this, one powerful tactic is to show that the plaintiff has failed to mitigate their damages.
How to approach mitigation of damages in a medical malpractice lawsuit
When a plaintiff alleges they’ve been harmed by medical malpractice, they can’t simply sit back and do nothing, hoping to collect as much compensation from you as possible. Instead, they have an obligation to exercise reasonable care to reduce their damages. You may be able to show that the plaintiff has failed to mitigate their damages by presenting evidence of the following:
- The plaintiff has failed to seek medical and rehabilitative treatment.
- The plaintiff has failed to follow recommendations made by their treatment team.
- The plaintiff hasn’t made efforts to secure employment that’s obtainable despite their claimed condition.
- The plaintiff has neglected to seek out any form of mental health treatment.
One key here is to argue that if the plaintiff’s claimed injuries are as severe as they say, then they would’ve sought out these treatments. So, be sure to closely analyze what the plaintiff has done after the accident and compare it to the harm they claim to have suffered.
Take control of your medical malpractice case
A medical malpractice case can go sideways quickly if you’re not careful. That’s why it’s crucial that you know the best way to defend yourself when you’re hit with malpractice allegations.
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