• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Madalon Law

Madalon Law

  • (877) IT-MATTERS
  • (954) 923-0072
  • Home
  • Legal Team
    • Joseph Madalon, Esq.
    • Leandro Carvalho, Esq.
    • Susan Lee, Esq.
  • Personal Injury
    • Amusement Park Accidents
    • Aviation Accidents
    • Bar / Nightclub Accidents
    • Bicycle Accidents
    • Birth Injury
    • Boating Accidents
    • Burn Injury
    • Bus Accidents
    • Car Accident
    • Construction Accidents
    • Head and Brain Injuries
    • Horse Riding Accident
    • Lyft Accident Attorneys
    • Maritime Attorneys
    • Medical Malpractice
    • Motorcycle Accidents
    • Negligent Security
    • Nursing Home Abuse
    • Pedestrian Accidents
    • Premises Liability
    • Product Liability
    • Sexual Harassment
    • Slip and Fall
    • Spinal Injury
    • Swimming Pool Accident
    • Theme Park Injuries
    • Truck Accident
    • Uber Accident Attorneys
    • Vacation / Hotel Accident
    • Wrongful Death
    • Class Action Lawsuits
    • CPAP Recall Lawsuit
  • Results
  • Videos
  • Blog
    • Articles
  • FAQs
  • Contact
  • En Español
  • Inicio
  • Nosotros
    • Equipo Legal
    • Biografia de Joseph Madalon
  • Lesiones Personales
  • Resultados
  • Videos en Español
  • Contacto
  • En inglés

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.

Areas of Practice

Amusement Park Accidents

Aviation Accidents

Bar and Nightclub Fights

Bicycle Accidents

Birth Injury

Boating and Cruise Ship Accidents

Burn Injuries

Bus Accidents

Car Accidents

Construction Accidents

Head and Brain Injury

Horse Riding Accident

Maritime and Cruise Ship

Medical Malpractice

Motorcycle Accidents

Negligent and/or Inadequate Security

Nursing Home Abuse and/or Negligence

Pedestrian Accident

Premises Liability

Product Liability

Resort/Vacation Injuries

Sexual Harassment

Slip and Fall

Spinal Cord Injury

Swimming Pool Accidents

Theme Park Injuries

Truck Accidents

Wrongful Death

Video Library

Blog

Understanding the Law

Fort Lauderdale

Main Office
100 N. Federal Hwy #CU5
Fort Lauderdale, FL 33301
Phone: (954) 923-0072
Toll Free: (877) 486-2883
Fax: (954) 923-0074

West Palm Beach

By Appt. Only
515 N Flagler Dr Suite P-300
West Palm Beach, FL 33401
Phone: (561)-243-1003
Toll Free: (877) 486-2883
Fax: (954) 923-0074

Miami

By Appt. Only
150 SE 2nd Ave, Suite 300
Miami FL 33131
Phone: (786) 401-5059
Toll Free: (877) 486-2883
Fax: (954) 923-0074
  • Home
  • Disclaimer
  • Privacy Policy
  • Contact Us
  • Site Map

Footer

Facebook

Twitter

Linkedin

Google Plus

YouTube

Instagram

Pinterest

We serve the following localities:
BROWARD COUNTY including Fort Lauderdale, Hollywood, Pembroke Pines, Pompano Beach, Plantation, Coral Springs, Davie, Sunrise, Weston, Deerfield Beach and Miramar;
MIAMI-DADE COUNTY including Coral Gables, Cutler Bay, Doral, Hialeah, Homestead, Kendall West, Miami, Tamiami, The Hammocks, and Westchester;
PALM BEACH COUNTY including Belle Glade, Lake Worth, and West Palm Beach;
ORANGE COUNTY including Orlando and Winter Park;
OSCEOLA COUNTY including Kissimmee, Poinciana, and St. Cloud.
Areas Served

Copyright © 2022 · Madalon Law · Powered by: USAttorneys.com
Areas Served

X

Contact Madalon Law

    Contact Us

    Please prove you are human by selecting the Car.