How Do I Know If I Have A Good Medical Malpractice Case?


There is no easy way to definitively determine whether a case involving medical malpractice is one that will produce a high damage award or one that does not help to even cover out of pocket medical expenses. It is most difficult to make this assessment because evaluating a medical malpractice claim is done on a case by case basis. Each situation has its own specific facts which can help, or hurt, a victim’s case. This makes it extremely important to discuss your legal options with an experienced attorney who is well-equipped to analyze your specific circumstances as they pertain to filing a medical malpractice lawsuit.

The fact is there are many expenses involved in litigating a medical malpractice suit, or any suit for that matter. These costs, at times, compounded with existing medical bills, can reach high limits. In addition, medical malpractice cases can take quite some time to resolve. A victim of medical malpractice should ultimately seek the assistance of legal counsel in helping to determine if their case has the viability needed to withstand the different economic possible outcomes.

An example of when a person can feel as though they have a medical malpractice claim, and the facts subsequently produce different results, is when a misdiagnosis has been given by a doctor. At first glance, this reads like an obvious case of medical malpractice; however, the reality is, there are many situations that can develop from such circumstances. If the doctor is able to remedy his misdiagnosis, and no permanent harm results from the incident, the case may or may not be capable of producing a high award at trial. On the other hand, pursuing the same doctor who misdiagnosed a patient, and allowed the misdiagnosis to continue with the victim, may prove to a jury that a significant award is warranted against that doctor. The fact remains that every medical malpractice case is different from the last.

A victim of medical malpractice has an extremely high interest in meeting with an attorney to assess their case. The attorney will review the facts of the particular case and advise a victim of multiple strategic plans of moving forward. If and when it is determined that the case costs and the amount it takes to litigate, are outweighed by what can possibly be won at trial for a victim of medical malpractice, an attorney will then help to establish liability against the medical professional.

It is very common for an attorney to seek medical experts in assisting to prove a variety of issues that may arise in a medical malpractice case. When these expert witnesses are brought on board to testify on a victim’s behalf, the effects of pursuing a lawsuit for medical malpractice can significantly help to strengthen the case. The expert medical witnesses help to demonstrate the negligence of the at-fault party was what caused the victim’s injury.

In addition to the facts addressed above regarding whether you have a good case for medical malpractice, there many are other factors that lawyers use to assess how good or bad a case is. It is clear though there are many questions which need to be answered. If you feel as though you or someone you love has fallen victim to medical malpractice, let Madalon Law help ease the burden of answering these many questions. Call Madalon Law for your free medical malpractice consultation today.

Medical Malpractice and What to Expect From Defense Attorneys

In a medical malpractice lawsuit, it is the goal of the defense team to demonstrate that the acts of their client, the medical provider, was not negligent, did not create or cause any damage and that there was something else that may have been the reason for your injury. In order to accomplish this sought after defense, the strategy of the defense attorney is generally geared towards implicating your independent actions as the cause of your injuries.

There are many ways that a defense attorney can attempt to prove these assertions, including but not limited to:

  • Obesity or being underweight
  • Some type of pre-existing internal condition
  • Smoking, drinking, or drug use
  • Not properly using prescribed medication
  • Not communicating certain symptoms to a physician
  • Not following a physician’s recommendation of follow up treatment

In pointing out these certain issues, a defense attorney is attempting to place some, if not all, blame for a patient’s injury on them. By presenting these negative facts, the hope of the defense team is to show a jury that their client was not completely responsible for the alleged liability. This tactic is sometimes beneficial and sometimes means nothing to a jury.

Florida has in place what is called comparative negligence. In essence, this gives the defense team the opportunity to try and minimize the percentage of possible liability of their client in a medical malpractice case. For example, if a jury believes that the evidence presented shows that a medical malpractice victim is only entitled to receive damages based on the doctor being seventy-five percent liable for the injury sustained, then an award of seventy-five percent of the damages can be recovered. The truth is that there can be all kinds of things that are presented to a jury that may alter what can be recovered for damages. The important thing to know is that you have an attorney who can explain to you all the different possibilities and outcomes given your specific circumstances. Consequently, the best way to help your case against these types of defenses is by presenting your attorney with anything that may be presented by the defense. All past medical treatments, related or unrelated, to your claim for medical malpractice. Your attorney will then be better equipped to prepare a strategy to rebut anything that the defense attorney tries to use to implicate your actions as a contributing cause to your injury.

The Madalon Law Firm will walk you through every step of the legal process involving your medical malpractice claim. Their experience legal team knows exactly what to ask you to produce for your case which will ultimately benefit the outcome. Without an experienced legal assistant working for you, minor details in preparation for your medical malpractice case may be inadvertently overlooked. Contact the Ft. Lauderdale medical malpractice attorneys at Madalon Law today and speak with a professional who will help you clear up any concerns you may have regarding what to expect from the defense team working for the medical provider who caused your injury.