How a Hospital Will Fight a Medical Malpractice Case

Posted May 28, 2022 by in Lifestyle
Doctor and Lawyer talking

When you go to the hospital, you trust that the doctors and nurses will take care of you. Unfortunately, sometimes mistakes are made that can cause severe injury or death. If you believe that you have been a victim of medical malpractice, it is essential to understand your rights and how the hospital will likely fight your case. In this blog post, we will discuss some of the steps a hospital will take to defend themselves against a medical malpractice lawsuit so you prepare a counteraction to help you win the case.

1. Collect Evidence

The first step that a hospital will take is to collect evidence and review whether or not your case meets legal factors:

  • Medical duty towards the patient
  • Breach of duty
  • Injury as a result of breach of duty
  • Patient suffered damages due to breach of duty

This may include analysis of medical records of the patient, as well as any video footage or security footage that may be available. The hospital will also look for witnesses who can attest to what happened. Similarly, if you are considering filing a medical malpractice lawsuit, it is vital to start collecting your evidence as soon as possible. This may include getting copies of your medical records and gathering witness statements. The sooner you have this evidence, the better chance you will win your case.

2. Hire Expert Attorneys and Medical Professionals

The next step that a hospital will take is to hire expert attorneys and medical professionals. These experts will help the hospital build its case and disprove any claims you may have. If you face a medical malpractice lawsuit, it is crucial to do it. Hire experienced medical malpractice attorneys at Zayed Law Offices specializing in medical malpractice cases. These attorneys can help you gather the evidence you need to win your case. It would be best if you also considered hiring your medical expert to review your records and provide testimony on your behalf.

3. Attack Your Character

Another common tactic that hospitals will use is to attack your character. They may try to paint you as someone looking to take advantage of the system or make false claims. Do not let the hospital intimidate you. Do not be afraid to pursue it if you have a valid lawsuit. Speak with an attorney about the best way to defend yourself against these tactics.

4. Delay the Case

A hospital will also often try to delay the case. They may do this by requesting more time to collect evidence or requesting a continuance. Delays can be frustrating, but you should not give up. Speak with your attorney about the best way to deal with delays and make sure that you are prepared to move forward with your case when the time comes.

5. Offer an Unfair Out of Court Settlement

Finally, a hospital may try to settle the case out of court. They may do this by offering you an unfair settlement that is much lower than your case is worth. If you are offered a settlement, do not accept it without speaking with an attorney first. An experienced medical malpractice attorney will be able to evaluate your case and help you to determine whether or not the settlement offer is fair. They can negotiate on your behalf to get you the compensation you deserve if it is not.


Patients should be aware that hospitals will fight medical malpractice cases, and it is essential to have an excellent legal team. If you consider suing a hospital, make sure you understand the process and what you need to do to win your case. Contact Zayed Law Offices today for more information about how we can help you with your medical malpractice case.