McMlogoshadow
  • HOME
  • MALPRACTICE QUESTIONS
  • DO I HAVE A GOOD CASE?
  • LOOK UP DOCTORS
  • STATUTE OF LIMITATIONS
  • GEORGIA CODES
  • LINKS
  • ABOUT US
  • CONTACT US
  • PRIVACY
  • Sitemap

© 1997-2021 Scott R. McMillen

What defense tactics should I expect?

Besides trying to show that there was no negligence, or no damage caused by the alleged negligence, the defense may argue that something or someone else actually caused the injuries. A defense that is very frequently encountered is to blame the patient for the problem. Blaming the patient takes many forms including arguing that the patient was too fat, or too thin, or had unusual internal anatomy, was a smoker, a drinker, a drug abuser, or did not take his medicine, or failed to tell the doctor something he should have, or failed to come back as instructed. These defenses are an attempt to put the patient on trial instead of the doctor, or at least to try to get the jury to divide responsibility between the patient and the healthcare provider. Sometimes it works; sometimes it backfires.

In Georgia we have what is called a modified comparative negligence rule. Ga. Code Ann. section 51-11-7 (1982). Under this doctrine the claimant cannot recover anything if he could have avoided the consequences of the defendant’s negligence. Otherwise, the claimant’s recovery is diminished in proportion to his degree of negligence.


Serving All of Georgia - Free Consultation

Send Us
an E-mail
full logo

Call Toll Free
1-800-974-4929


Free Online Consultation

Atlanta Office

Call: 470-558-9625
1230 Peachtree Street, NE 19th Floor
Atlanta, GA 30309

Medical Malpractice Attorneys in Georgia
Jacksonville Office

Call: 904-512-2480
1051 Deerwood Park Blvd. # 250
Jacksonville, FL 32256

Medical Malpractice Attorneys in Georgia
Orlando

Call: 407-843-0126
622 East Washington Street, Ste. 200
Orlando, FL 32801

Medical Malpractice Attorneys in Georgia
Savannah Office

Call: 912-963-1415
100 Bull Street, Suite 200,
Savannah, GA 31401

Medical Malpractice Attorneys in Georgia
Tallahassee Office

Call: 850-391-2820
113 S. Monroe St, 1st Floor
Tallahassee, FL 32301

Medical Malpractice Attorneys in Georgia

This site contains only general information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer experienced in handling malpractice cases.
Copyright 1997-2021 - Scott R. McMillen