Defenses Insurance Companies May Use in a Virginia Medical Malpractice Case
If you have read this blog before, you have probably heard us talk about how Virginia medical malpractice cases are not easy to win. You have to show that the medical provider deviated so far away from what is accepted as the “standard” diagnosis and treatment that they were “negligent” under Virginia law. You also have to prove that the doctor’s negligence was the primary cause of the injury.
Malpractice insurance companies have standard defenses they often use, which include the following:
- The injury could not have been prevented, as it was a result of the initial condition.
- The injury was due to the patient not following the doctor’s advice.
- The risk of the particular injury was an accepted one.
- Someone else caused the injury.
- A previous illness or condition led to the injury.
To have a successful claim, you are going to have to prove that there is a clear connection between the defendant’s misconduct and the injury you have sustained.
For more information regarding medical negligence claims, read Virginia medical malpractice attorney Ben Glass’s book, Why Most Medical Malpractice Victims Will Never Recover a Dime. This book discusses the factors involved in medical malpractice cases and answers many of the commonly asked questions.