In malpractice cases, does the defense operate by undermining and accusing the patient?

Do defense lawyers try to minimalize the injury of the plantiff? Do they try to make the plantiff look bad in anyway possible? I'm asking this because I have an elderly relative with some recent bad medical experiences with catastrophic outcomes but i'm worried about the antics of a trial trying to make her look bad and ruin her peace of mind, which would make foregoing a suit preferable to getting justice.

Miami, FL -

Attorney Answers (5)

David Bradley Dohner

David Bradley Dohner

Medical Malpractice Attorney - Hallandale Beach, FL

I could not possibly count the number of times when I have taken an hour or two of my time; jumped on to this site; and found myself rejuvenated with the practice of law simply by helping people who truly need help with substantial legal issues which have come upon them unexpectedly; for which they are ill-prepared; often find themselves in very unfortunate and leveraged positions where substantial rights and issues are in the balance such as child custody, loss of liberty in situations where individuals have found themselves wrongfully accused of crimes (and believe me, it happens every day; eyewitness testimony is the least reliable testimony of any which might be relied upon in criminal proceedings); and who, in many instances, might not otherwise have access to very high quality legal consultation and guidance. Furthermore, though many of the individuals with whom my colleagues and I regularly interface here on AVVO may not have gone beyond high school in terms of their academic achievements, some not even that far, their questions are, nonetheless, often incredibly perceptive and interesting to analyze.

Unfortunately, that is only part of the time. The other half is spent with probing questions like: listen, I was wondering "does the defense try to diminish the plaintiff's amount of recovery during a trial"; or, "while those defense lawyers are up to their crazy antics and shenanigans, does the judge simply sit there like a jackass and let older woman get pummeled by golf clubs?" Could the plaintiffs lawyer object, or do he or she and the judge play the silent game once the plaintiff has rested to pass the time.
I was just wondering because you know, I want to put my 90 year old grandmother through a stressful trial, but only if the judge draws the line at suffocating her with a plastic bag. I couldn't take that.

I bet you have just an incredibly empathetic personality. You seem like a real people person.

By the way, why isn't grandma asking about the recovey you are apparently seeking for "her".

Really perspicacious question. Well done.

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If you have been injured because of a doctor's malpractice, you should not let these concerns prevent you from seeking justice. I would be happy to recommend some good attorneys in your area.

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Joseph Jonathan Brophy

Joseph Jonathan Brophy

Medical Malpractice Attorney - White Plains, NY

Yes, to both of your questions, but not all the time. Defense lawyers are reluctant to go after a very sympathetic plaintiff, such as a catastrophically injured elderly person. A lawsuit is not like a day at the beach, under the best of circumstances. But, you should not let fear of a stressful trial deter you from seeking justice. If it is a strong case, there may not be a trial at all. If the case is not strong, it is unlikely that a good lawyer will want to undertake it. Seek the advice of some medical malpractice lawyers in your area.

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Lars A. Lundeen

Lars A. Lundeen

Personal Injury Lawyer - Miami, FL

Your relative should speak directly with a medical malpractice attorney about the potential claim you are talking about. Each case is different and the facts of your relative's case should be assessed in their own right.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Personal Injury Lawyer - Berkeley, CA

I would like to say no that is not true, but the facts are that defense attorneys get paid to defeat plaintiffs' cases. That is why you have to consult with an experienced attorney in your jurisdiction regarding your elderly relative who woul let you know the weaknesses and strenghts of your case. The reputation of your attorney and his knowledege and experience will stop the shenanigans of the defense. best of luck.

This answer is provided by Manuel A. Juarez, Esq., aka El Abogado de Divocios de California: 510-206-4492. It... more

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