That defense might be the weakest and most contrived of them all
And they are all pretty weak actually
First of all -- there are definable damages
Secondly -- besides the malpractice, their subsequent conduct prolonged and aggregated the period of damages many many months past what could have been mitigated by honest and honorable conduct once the malpractice was made aware to them
This will sound to a jury like "well, we should get away with our Injudicious acts because we don't think it actually caused definable damages"
That won't work
Cowan may find out the hard way that People, especially jurors, may sympathize with them more if they admit and take responsibility for their clear misdeeds rather than try to find a contrived argument to get away with them
These types of defenses clear the path to punitive damages. IMO
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