What Can I Expect The Defense To Do in My Florida Medical Malpractice case?

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WHAT WILL THE DEFENSE DO?

Besides trying to show that there was no negligence, or no damage caused by the alleged negligence, the defense may argue that something or someone else actually caused the injuries. A defense that is very frequently encountered is to blame the patient for the problem. Blaming the patient takes many forms including arguing that the patient was too fat, or too thin, or had unusual internal anatomy, was a smoker, a drinker, a drug abuser, or did not take his medicine, or failed to tell the doctor something he should have, or failed to come back as instructed. These defenses are an attempt to put the patient on trial instead of the doctor, or at least to try to get the jury to divide responsibility between the patient and the healthcare provider. Sometimes it works; sometimes it backfires.

In Florida we have what is called a modified comparative negligence rule. In general what this means is that if the jury finds the doctor sixty percent at fault and the patient forty percent at fault, then the patient may recover for sixty percent of her damages from the doctor. There are other important permutations to this rule in Florida and you should be sure to ask your lawyer about the issue of comparative fault and how that might apply to your particular case.

While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Laws vary from state to state and are constantly changing. If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

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