Common Defenses in Medical Malpractice Lawsuit Cases

Featured Video Play Icon

Our team at Grossman Roth Yaffa Cohen has handled countless medical malpractice cases and encountered nearly every legal defense imaginable. While every claim has its own set of facts and complex issues, there are several arguments healthcare professionals raise time and time again.

Our team is always prepared to overcome medical malpractice defense strategies. Below are the three most common defense scenarios that we have encountered.

Defense Strategy #1: The Healthcare Professional Blames You

In most of our medical malpractice cases, the healthcare provider or doctor will try shifting the blame for your condition from themselves to someone else. In many situations they will blame you, saying you failed to seek follow-up care or did not take the necessary steps to adequately treat your ailment.

Defense Strategy #2: The Healthcare Professional Blames Another Doctor or Provider

If that healthcare provider or doctor does not blame you for your condition, they will often try to blame another healthcare provider. Common arguments from the defendant can be that a doctor or organization, other than themselves, played a larger role in failing to provide the care you needed or did not properly to diagnose your condition.

Defense Strategy #3: The Healthcare Professional Denies All Liability

The third most common defense we see in medical malpractice cases is denial of all liability. Instead of blaming you or anyone else for your condition, the defendant will argue that all allegations of wrongdoing in your claim are false and no party can be faulted. By refusing to acknowledge any fault, that healthcare professional is saying your illness or injury was caused by unforeseen circumstances.


At Grossman Roth Yaffa Cohen, our experienced attorneys, staff and trusted medical experts have all the tools necessary to break through most medical malpractice defense strategies and get the justice you deserve.

If you suspect that you or a loved one is a victim of medical malpractice, see how Grossman Roth Yaffa Cohen can help. Check out our practice areas page to see what our teams specialize in and fill out the form at the bottom of our home page, or call +1 (888) 296-1681 for a free consultation.