When patients file medical malpractice claims, they face not only the challenge of proving what went wrong but also must respond to the defenses raised by doctors, hospitals, and their insurers. Defendants often rely on familiar strategies to avoid liability.
At Hare Wynn, we have decades of experience anticipating these defenses and building strong cases to overcome them. Understanding what you might encounter is the first step toward preparing for the legal process.
Defense 1: No Breach of the Standard of Care
The most common defense in malpractice cases is that the doctor acted within the accepted “standard of care.” In other words, the doctor argues that another competent provider would have made the same decisions under similar circumstances.
Our approach: Experienced attorneys work with trusted medical experts to carefully review records and treatment decisions. These experts compare the provider’s actions against established medical standards, helping to show where errors occurred.
Defense 2: The Injury Wasn’t Caused by Negligence
Doctors and hospitals often admit that an injury occurred but deny that it was caused by negligence. Instead, they argue that the harm was a result of the patient’s underlying condition.
Our approach: Causation is a central element in malpractice law. We investigate how the timeline of treatment aligns with the patient’s injuries, consult specialists and the medical literature, and rely on expert testimony to demonstrate how the provider’s actions led directly to the outcome.
Defense 3: The Patient was in Poor Health
Medical malpractice defendants sometimes defend cases by arguing that the patient was in poor health before receiving treatment.
Our approach: The critical questions in medical malpractice cases are whether the defendant breached the standard of care and whether that breach injured the patient. Oftentimes patients are seeing doctors in the first place because they are in poor health, and a patient’s poor health does not excuse malpractice.
Defense 4: Statute of Limitations
In Alabama, malpractice defendants may raise the statute of limitations as a defense, arguing that too much time has passed since the alleged negligence occurred. Most claims must be filed within two years, with limited exceptions for minors or injuries that were not immediately discoverable.
Our approach: We evaluate timelines carefully and move quickly to preserve a client’s rights. When exceptions apply, such as in delayed diagnosis cases, we present strong evidence showing why the injury was not discoverable earlier, keeping the claim within the law’s requirements.
Defense 5: Blaming the Patient
Some defense strategies shift responsibility to the patient, claiming that the patient failed to follow medical advice, withheld information, or worsened her or her own condition.
Our approach: We counter these arguments with documentation and testimony showing that the provider had the necessary information and still made decisions that caused harm.
Why Experienced Representation Matters
Medical malpractice litigation is a complex battle of facts, timelines, and expert testimony. Doctors and hospitals often have teams of lawyers defending them. Having an attorney with experience in Alabama malpractice cases ensures that common defenses are not only anticipated but effectively challenged.
At Hare Wynn, our attorneys have handled thousands of medical malpractice cases and routinely try malpractice cases to verdict in courtrooms across Alabama. We bring both knowledge of the law and the resources needed to take on powerful healthcare institutions.
Preparing for the Challenges Ahead
Understanding the defenses you may face in a malpractice case can help you feel more prepared for the legal process. While these strategies are common, they are not insurmountable. With experienced representation, you can level the playing field and pursue accountability for the harm you or your loved one suffered.
If you believe you may have a malpractice claim in Alabama, contact Hare Wynn for a free and confidential consultation. Our team is here to review your case, explain your options, and stand by you every step of the way.
