Delay, Adjourn, Repeat: Uncovering the Defense’s Top Tactic in Medical Malpractice Cases

In the high-stakes arena of medical malpractice litigation, where a patient’s well-being hangs in the balance, a disturbing trend has emerged: the strategic use of delay. It’s a tactic as old as the legal system itself, but in the context of medical negligence, its impact can be particularly devastating. Studies show that the average medical malpractice case can take years to resolve, and a significant portion of that time is attributed to deliberate delays. This article will dissect how the defense leverages delay, adjournment, and repetition to undermine claims, increase costs, and ultimately wear down plaintiffs seeking justice for medical negligence.

The Anatomy of Delay: How the Defense Slows Down Justice

Defense strategies in medical malpractice cases often involve a multifaceted approach, but one tactic consistently surfaces: delay. This can manifest in various forms, each designed to protract the legal process and create an environment favorable to the defense. Here’s a breakdown of common delay tactics:

Late Discovery Responses: One of the initial stages of a lawsuit involves the exchange of information, a process known as discovery. Defense lawyers may intentionally provide late or incomplete responses to discovery requests, hindering the plaintiff’s ability to build a strong case.
Adjournments of Depositions: Depositions, where parties and witnesses provide sworn testimony, are crucial for gathering evidence. The defense might repeatedly request adjournments (postponements) of these depositions, disrupting the plaintiff’s timeline and increasing legal expenses. Excuses can range from attorney unavailability to alleged illnesses within the defendant’s family.
Trial Adjournments: The ultimate goal of delay is often to postpone the trial itself. This can be achieved through various motions and requests, often citing reasons such as scheduling conflicts or the need for additional expert review.
Failing to provide requested information: Defense attorneys may fail to provide requested information.
Ignoring Deadlines: Defense attorneys routinely ignore deadlines for depositions, and the exchange of discovery demands and responses.

Why Delay Works: The Defense Perspective

From the defense’s perspective, delay is not merely obstructionism; it’s a calculated strategy with several potential benefits:

Wearing Down the Plaintiff: Medical malpractice cases are emotionally and financially taxing for plaintiffs. Delay exacerbates this burden, hoping that the plaintiff will eventually give up or settle for a lower amount due to exhaustion and financial strain.
Eroding Evidence: Over time, memories fade, witnesses become unavailable, and documents can be lost or destroyed. Delay can weaken the plaintiff’s case by making it more difficult to gather and present compelling evidence.
Reducing Settlement Value: Insurance companies, who often back the defense, don’t typically pay interest on settlements. By delaying resolution, they can save a significant amount of money, especially in cases with substantial potential payouts.
Creating Uncertainty: Delay introduces uncertainty into the legal process. This uncertainty can make plaintiffs more willing to accept a lower settlement offer to avoid the risk of a prolonged and uncertain trial.

The Ethical Implications: Justice Delayed is Justice Denied

While delay may be a legitimate legal tactic, its overuse in medical malpractice cases raises serious ethical concerns. When a patient has suffered harm due to medical negligence, timely resolution is crucial for:

Access to Care: Settlement funds or jury awards can provide the financial resources needed for ongoing medical treatment and rehabilitation. Delaying access to these funds can negatively impact the patient’s recovery.
Accountability: Delay allows negligent healthcare providers to avoid accountability for their actions. This can perpetuate a culture of impunity and discourage improvements in patient safety.
Closure: For many plaintiffs, a medical malpractice lawsuit is not just about money; it’s about seeking justice and closure. Delay prolongs their suffering and prevents them from moving forward with their lives.

Fighting Back: Strategies to Counter Delay Tactics

While delay may be a common defense strategy, it’s not insurmountable. Plaintiffs and their attorneys can employ several tactics to counter these delays and keep the case moving forward:

Aggressive Case Management: From the outset, establish a clear timeline for discovery, depositions, and other key milestones. Proactively monitor deadlines and promptly address any delays or non-compliance from the defense.
Motion to Compel: If the defense is slow to respond to discovery requests, file a motion to compel, asking the court to order them to provide the necessary information.
Request Sanctions: If the defense engages in egregious delay tactics, seek sanctions from the court. Sanctions can include monetary penalties, limitations on the defense’s ability to present evidence, or even dismissal of the case.
Communicate Regularly: Regular communication with your attorney is crucial for staying informed about the progress of your case. Promptly provide any requested information and stay updated on any developments. This proactive approach can help prevent unnecessary delays.
Hire an Experienced Attorney: An experienced attorney is one of the most effective ways to avoid delays in lawsuit cases.
Alternative Dispute Resolution: Consider alternative dispute resolution.

The Role of the Courts: Ensuring Timely Justice

Ultimately, it’s the responsibility of the courts to ensure that medical malpractice cases are resolved fairly and efficiently. This requires:

Strict Enforcement of Deadlines: Judges should strictly enforce deadlines for discovery, motions, and other pre-trial activities.
Limiting Adjournments: Adjournments should only be granted for legitimate reasons, and judges should be wary of requests that appear to be designed to delay the case.
Imposing Sanctions: When defense attorneys engage in egregious delay tactics, judges should be willing to impose sanctions to deter such behavior.

Seeking Legal Assistance

Attorneys play a critical role in developing a strong defense for healthcare providers facing malpractice claims. They gather evidence, analyze medical records, and consult with expert witnesses to build a compelling case. Defense attorneys help healthcare providers understand legal procedures while protecting their rights throughout the case. Additionally, attorneys may look for procedural issues in the plaintiff’s case and check if the lawsuit was filed within the statute of limitations or if proper documentation was submitted.

Conclusion: Holding the Defense Accountable

Delay, adjournment, and repetition are powerful tools in the hands of a skilled defense attorney. However, they should not be used to obstruct justice or deny patients the timely resolution they deserve. By understanding these tactics, proactively countering them, and holding the defense accountable, we can ensure that medical malpractice cases are resolved fairly and efficiently, protecting the rights of patients and promoting a culture of safety in healthcare. If you believe that your diagnosis was delayed, find another medical provider who can treat your condition and save all of your medical records. Once you gather all of the evidence related to your condition and the delayed diagnosis, contact a medical malpractice lawyer.