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Will a Pre-Existing Condition Affect My Medical Malpractice Claim?

A medical malpractice case must demonstrate a link between a patient’s injuries and the actions of a doctor or other liable party. Proving this association often requires the input of medical experts who can show how a patient’s specific injuries could have reasonably been caused by a doctor’s errors or failure to provide correct treatment.

Successfully claiming that medical malpractice caused a patient’s injuries can be slightly complicated if the victim also has a pre-existing condition. Defendants will often use this information in their case and attempt to discredit the patient’s claims.

If you are a victim of medical malpractice and have a pre-existing condition, it is important to know that you can still file a claim. Although the liable party may try to use your condition to combat your claims, your case is valid and can be successful with the assistance of an experienced legal team. The Dickinson Law Firm, LLC may be able to help.

What is a Pre-Existing Condition?

In relation to medical malpractice law, a pre-existing condition is any health issue that a patient had before they were injured due to negligence. A patient’s pre-existing condition could be the reason they sought medical attention in the first place, or it could be another condition that is not related to the initial medical treatment or the injuries caused by negligence.

How Pre-Existing Conditions Can Impact Medical Malpractice Lawsuits

Living with a pre-existing condition does not affect the validity of your medical malpractice claim or your ability to file a lawsuit. When pre-existing conditions do complicate medical malpractice cases, it is often because the defendant uses the plaintiff’s condition as part of their legal strategy in an attempt to minimize the patient’s suffering and discredit their claims. The doctor or other party that caused your injuries may claim that the injuries were a symptom of your pre-existing condition and not a result of their negligence.

Disproving the defendant’s claims can be done with the assistance of a medical expert who can demonstrate the link between negligence and your injuries. Or, evidence of carelessness or mistakes made can show that the doctor was negligent and caused your injuries.

The lawyers of The Dickinson Law Firm, LLC can represent you if you were injured as a result of medical negligence. We will do what it takes to go against negligent parties. Contact us to learn how we can help you recover the compensation you deserve.

For a free consultation with our attorneys, complete our contact form or call (770) 766-7739 to reach our legal team.

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