What legal strategies or defenses can I expect the healthcare provider and their insurance company to utilize if they deny any wrongdoing?

Insurance companies are not in the business of paying out claims, no matter how much they try to make you believe that this is the case thanks to their dozens of adverts on prime time television every day. They hire expert claims adjusters with years of experience and the know-how when it comes to shooting claims down.

Some of the tactics they use is questioning and denying the fact that there was a breach of standard of care, and this is done by calling forth expert witnesses that show there was no such breach and that the physician or health provider was working within this standard of care given their similar position as healthcare providers.

Claims adjusters will also question causality and state that your pre-existing medical conditions were the result of your health complications or injury, and not due to the actions or inaction of the healthcare provider.
In addition, they may even go as far as saying that you had some part to play in your own injury, quoting comparative negligence laws in order to reduce the physician’s liability to negligible levels.

Other adjusters may also allege that you filed the claim way after the statute of limitations lapsed, thereby invalidating your claims. In another twist, they may claim that your damages do not line up with the level of compensation you’re seeking, and even bring up an expert witness to discredit your account and request for compensation.

Lastly, procedural defenses may be used against you, such as questioning evidence in the case, and even the qualifications of expert witnesses we sourced to help bolster the legitimacy of your case. as a law firm, there is nothing we haven’t seen from insurance companies; luckily, we’ve won countless such cases giving us the confidence needed to stand up to the dishonest and unethical tactics often used by these mega corporations.