The doctor has operated on the wrong side of your body, and he refuses to acknowledge the extent of your injuries. Here it is quite clear to you that the doctor violated the basic standards of care, which has resulted in significant and permanent injuries to you. You believe that the moment you bring a medical malpractice lawsuit against the doctor, he and his attorney is going to accept total responsibility and will recognize the full extent of your injuries and damages.
However, the reality is that when you bring a lawsuit, the first thing the doctor and attorney does is refuse any responsibility. The doctor will say he did not do anything wrong, or that if he did anything wrong, you are also at fault, or say that the injuries you are claiming are not as bad as you claim them to be. All of this is going to leave you angry and frustrated.
Blatant Refusal of Wrongdoing
The defense refuses to acknowledge not only that they did anything wrong, but also refuses to accept the extent of your injuries. For instance, when the doctor has operated on the wrong side of your body, you had to undergo needless surgery, you suffered significant injuries, and your original problem is not even addressed yet.
However, the doctor and his attorney are going to refuse the full extent of your injuries because it is the goal of the defense to minimize the value of your injuries as much as possible. On the other hand, the goal of your attorney would be to maximize the value of your injuries, without exaggerating them. He will want to show the full extent of your injuries, and your disabilities because of the negligence of the doctor.
Typical Knee Jerk Reaction
When the doctor and his attorney are refusing to acknowledge their irresponsibility or your injuries, you are definitely going to be angry and frustrated. However, this usually happens because when you bring a medical malpractice lawsuit seeking compensation, the defense will try to give all sorts of explanations, even when the negligence is obvious. The knee jerk reaction to the lawsuit will usually be:
· We did not do anything wrong
· Even if we did something wrong, you also contributed to your injuries
· Even if we operated on the wrong side, it is not a big deal as you are able to resume all your activities
Your goal and of your attorney on the other hand will be to turn it around and say that the injuries are significant and why they are considered significant. You have to show to the defense that you are indeed affected by your injuries and they have diminished your working potential and quality of your life.
Hence, when you have filed a medical malpractice lawsuit against a doctor or hospital, where the wrongdoing is obvious to you, do not expect the defense to readily agree and accept responsibility. They will try all possible means to decrease the value of your injuries, and will try to see whether you have a strong case or not.
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