Lawsuits alleging that people experienced medical malpractice typically have two main requirements. First, the patient must prove the medical professional overseeing their treatment did something negligent or inappropriate that caused their poor outcome. The patient must also show the medical professional’s negligence caused the poor outcome, and any of their claimed damages, such as economic damages.
People dealing with the aftermath of failed treatment or coping with the progression of a serious medical issue often look for ways to hold others accountable without taking personal responsibility first. In some cases, the people who insist that they experienced medical malpractice might actually have some culpability for their medical challenges.
When could health care facilities and independent medical professionals potentially defend against malpractice claims by showing that the patient is actually the party responsible for their harm?
When they didn’t follow medical instructions
Treatment plans often impose numerous responsibilities on patients. They have to pay for and consistently take certain medications. They have to see specialists or commit to a physical therapy regimen. The number of people who do not appropriately follow medical recommendations is shocking. Many people don’t take medications as prescribed. Others let their aversion to physical exams prevent them from getting the treatment they need.
When doctors can show that they made appropriate medical recommendations but a patient didn’t follow them, that non-compliance could be the underlying reason for the poor medical outcome they experienced.
When they lied or omitted details
Perhaps a patient did not want to admit to their regular drug use or problematic alcohol habits. They may not have given the doctor all of the details about their conduct and the factors that may have contributed to their symptoms.
In some cases, such as when patients hope to acquire specific medications, they may blatantly lie to medical professionals. They could fabricate symptoms or misrepresent the medical care they have previously received. In situations where documentation affirms that patients failed to provide critical information or clearly lied to health care professionals, their conduct may have impacted the outcome of the care that they received.
Professionals hoping to fight back against medical malpractice allegations often need help reviewing the situation. Reviewing the relevant treatment records and the allegations made by a patient with a skilled legal team can provide a good starting point for a viable defense strategy.
