No matter what type of case is being tried, a defense lawyer will always try to blame the victim for the problem to draw attention away from their client. Some juries agree with the defense team while others do not. It depends a great deal on the circumstances of the medical malpractice suit.
The defense will use every trick in the book by saying the victim did not take care of him or herself, the victim did not follow instructions laid out by the doctor or the patient was a drug or alcohol abuser. This is not an uncommon practice. You should be prepared to handle this line of questioning by the defense. Your lawyer will help prepare you for these situations so you do not feel as though you were ambushed.
Florida law does allow for juries to find the defendant and the victim each partially responsible for the errors. If that is what the jury decides, the victim comes away with a settlement that will equal the percentage the doctor or hospital is being held accountable for when the hospital is 60% or more responsible for the error. That means the victim can still come away with a rather large award when the case ends.
Additional Frequently Asked Questions
- What Should You Do When A Doctor Misdiagnoses Your Condition?
- What Is Meant by “a Breach of the Standard of Care” in a Medical Malpractice Case?
- Does the Good Samaritan’s Law Protect from Liability If in Non-Medical Facility?
- Can Nurses, Anesthesiologists Or Other Healthcare Providers Be Sued For Malpractice?
- Are Any Medical Providers Protected From Medical Malpractice Cases In Florida?