Every person reacts differently to medical procedures. Some people are more sensitive than others and may suffer much greater harm than others under the same circumstances. It is normal for defendants to try to limit their liability to the injured victim by either blaming them for their injury, or pointing to pre-existing conditions which may have made them more susceptible to injury. Having a pre-existing condition does not deny your entitlement to compensation. The law is on your side, whether you had a pre-existing condition or not.
Kentucky courts have accepted what is known as the eggshell plaintiff rule. Under this rule, a wrongdoer must take their victim as they are. If they have a patient who is more sensitive than other patients, and may suffer greater harm because of their sensitivity, then so be it. The wrongdoer is not entitled to either credit or setoff against the amount of the victim's damages because of pre-existing physical conditions which make the victim more susceptible to injury, or to greater injury, than would have been the case with better health.
Our team of surgical malpractice lawyers in Louisville understand what is at issue is the surgeon’s negligence, not the victim’s pre-existing condition.