As a health care professional, you may find yourself navigating the complex world of medical malpractice, whether you’re currently facing a claim or because you’re proactively seeking to minimize legal risk. Understanding the nuances of litigation can feel overwhelming, especially when clinical judgment is scrutinized through a legal lens. This Think Piece is designed to offer clarity on one particularly challenging aspect of malpractice defense: cases involving rare and aggressive diseases.
These cases often turn on the argument that earlier diagnosis and treatment could have changed the patient’s outcome. However, when the disease in question progresses rapidly or may be resistant to available therapies, it becomes critical to shift the focus to causation — whether the alleged delay in diagnosis actually altered the course of the illness.
Our trial strategy involves working with leading experts in oncology, infectious disease, and pathology who can explain that certain diseases are biologically aggressive and clinically unpredictable. The goal is to demonstrate that, more likely than not, the patient’s prognosis would have remained poor regardless of when treatment began, and the disease’s trajectory was inevitable, regardless of when it was discovered. By reinforcing that any alleged breach in the standard of care did not proximately cause the harm, we help shift the narrative away from blame and toward the limits of modern medicine. This key distinction can lead to early resolution or a successful defense at trial.
Because these cases often involve profound loss, emotional dynamics can heavily influence how a claim is perceived. It’s not uncommon for jurors or mediators to conflate tragic outcomes with liability. That’s why our approach is not only rooted in science but also guided by empathy. We recognize the grief that families bring into the courtroom, and we never ignore it. But we also make clear — respectfully and firmly — that the legal system’s role is to assess negligence, not to retroactively rewrite outcomes that were, sadly, inevitable.
If you need assistance with a complex medical malpractice case, contact our experienced attorneys today.