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.