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Madalon Law

  • (877) IT-MATTERS
  • (954) 923-0072
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    • Joseph Madalon, Esq.
    • Leandro Carvalho, Esq.
    • Susan Lee, Esq.
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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

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Amusement Park Accidents

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Aviation Accidents

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Burn Injuries

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Bus Accidents

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Construction Accidents

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Head and Brain Injury

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Horse Riding Accident

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Medical Malpractice

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Motorcycle Accidents

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Negligent and/or Inadequate Security

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Nursing Home Abuse and/or Negligence

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Pedestrian Accident

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Slip and Fall

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Spinal Cord Injury

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Swimming Pool Accidents

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Theme Park Injuries

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Truck Accidents

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Understanding the Law

Fort Lauderdale

Main Office
100 N. Federal Hwy #CU5
Fort Lauderdale, FL 33301
Map for Fort Lauderdale address
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
Map for West Palm Beach address
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
Map for Miami address
Phone: (786) 401-5059
Toll Free: (877) 486-2883
Fax: (954) 923-0074
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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.
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