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Featured / 10.28.2025

Top 7 Legal Defenses The Becker Law Firm Uses to Win Medical Malpractice Cases

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    At The Becker Law Firm, we’ve built a reputation across Ohio for taking on complex medical malpractice cases and winning. Our attorneys have a proven record of winning multimillion-dollar verdicts and settlements for clients. Whether it's a birth injury, surgical error, or failure to diagnose, our attorneys will defend your rights and secure the compensation you deserve. 

    At The Becker Law Firm, we are committed to your case from start to finish. We stand firmly on your side, guiding you through the process, building a strong strategy, and pursuing the compensation you need to rebuild your life. Contact us today for a free consultation, and let our experience work for you.

    1. Expert Medical Testimony Proving Breach of Care

    Expert medical testimony is evidence provided by highly trained medical professionals who review a patient’s care and explain whether it met accepted standards in their field. These medical experts analyze the actions of healthcare providers, identify mistakes or lapses, and present their findings in a way that is clear and understandable to judges and juries. 

    Expert testimony is incredibly important in any medical malpractice case. It takes complex medical information and translates it for judges and juries, showing exactly how a provider’s actions fell short of accepted standards. Even if the defense insists everything was done correctly, we will examine your medical records to prove breach of care. 

    2. Establishing Clear Causation Between Negligence and Injury

    Establishing a direct link between the healthcare provider’s negligence and the resulting injury is essential to winning a medical malpractice case. Proving that a healthcare provider’s negligence directly caused your injury is a critical part of any successful medical malpractice case. 

    At The Becker Law Firm, we examine every detail of your treatment, medical records, and the sequence of events that led to your harm. Our goal is to show that your injuries were not the result of an underlying condition or unrelated factors, but were caused by the provider’s failure to meet accepted standards of care. Establishing this direct link builds a clear, undeniable connection between the negligent actions and the harm you experienced, making it difficult for defendants to deflect responsibility.

    3. Refuting Claims of Patient Contributory Negligence

    In some medical malpractice cases, defendants may try to argue that your own actions contributed to your injury. This is known as patient contributory negligence, which is an attempt to shift blame away from the healthcare provider to reduce or even deny the compensation you might receive. These tactics are used in an attempt to shift responsibility onto you for the harm suffered, even if the provider’s negligence is clearly the cause.

    At The Becker Law Firm, we focus on refuting these claims to protect your case. We keep the focus where it belongs, on the provider’s actions and the harm they caused. Without an experienced medical malpractice attorney by your side, these misleading claims could weaken your case and limit the compensation you are entitled to.

    4. Overcoming Statute of Limitations Challenges

    In Ohio, most medical malpractice claims must be filed within one year from the date of the injury, or within four years from the date of the negligent act in certain circumstances. Missing these deadlines can give defense attorneys an easy path to dismiss your case, regardless of the strength of your claim. 

    When injuries or negligence are not immediately obvious, legal tools like the discovery rule come into play. This rule allows the statute of limitations to start only when the injury is, or should have been, reasonably discovered. We carefully examine every possible exception to extend your filing deadline, providing you with the crucial time needed to collect evidence and build a strong case.

    5. Challenging Defense Expert Witnesses

    In medical malpractice cases, defense attorneys frequently bring in expert witnesses to dispute negligence and cast doubt on your claim. These experts may present technical or persuasive testimony that can mislead a jury or judge if left unchallenged. 

    At The Becker Law Firm, we carefully investigate the qualifications, background, and credibility of every defense expert. We examine their testimony for inconsistencies, biases, or errors, and prepare to counter their claims with strong evidence from our own investigation. By thoroughly challenging the defense’s expert witnesses, we reduce the impact of misleading or inaccurate testimony and ensure your case remains focused on the provider’s negligence. 

    6. Highlighting Violations of Hospital Protocols or Industry Standards

    Hospital protocols are the internal policies designed to maintain safe and consistent care for patients. Whereas industry standards represent the medical practices widely accepted by healthcare professionals throughout the country. When a hospital or provider strays from these protocols or standards, it can result in preventable injuries and serious harm

    At The Becker Law Firm, we focus on identifying these deviations to build compelling evidence of negligence. By highlighting where care fell short, we make a strong case that the harm you experienced was the direct result of lapses in proper medical care.

    7. Documenting Real Damages to Counter No-Harm Defenses

    Defendants in medical malpractice cases will often deny or minimize their negligence in an attempt to avoid responsibility and reduce the amount of compensation they must pay. They may claim that the injury was minor, that it was caused by another factor, or that no lasting harm occurred. 

    At The Becker Law Firm, we take a comprehensive approach to documenting every aspect of the harm you’ve suffered. We use detailed documentation, analysis, and personal accounts to show the full scope of your suffering and losses. 

    How The Becker Law Firm Fights for Your Rights

    At The Becker Law Firm, our success is shown by the results we achieve for our clients. From multimillion-dollar verdicts to substantial settlements, we fight tirelessly to hold negligent healthcare providers accountable and secure the compensation our clients deserve. Every strategy we use, from medical expert testimony to documenting real damages, is focused on building the strongest possible case on your behalf. 

    Contact The Becker Law Firm now for a free consultation. Our experienced team will thoroughly assess your case, outline the best path forward, and help you obtain the full compensation you deserve.

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