Tampa Medical Malpractice Attorneys

Florida statute states that physicians must carry a minimum amount of $100,000 in medical malpractice insurance. If that same physician wishes to practice at a hospital, he or she must carry a minimum amount of $250,000 in malpractice insurance. In lieu of insurance, the law allows physicians to use other resources to cover claims in these amounts, such as bank accounts, lines of credit, and real property. Although most physicians do not use other resources in lieu of insurance, it is legal for them to do so in Florida. What is wrong about this arrangement? This arrangement is very wrong.

One hundred thousand dollars may sound like quite a bit amount of money at first that is until you consider what it goes towards. Consider a recent Tampa case where a young father of three, who had a rare, congenital kidney disease. The disease affected only one of his kidneys and in order for the healthy kidney to function properly, a surgeon must remove the diseased kidney. The young father, a factory worker in his thirties, goes in the hospital to have the procedure. When surgery is over, the physician realizes he made a huge mistake and removed the healthy kidney instead of the diseased one. Now, the young dad is on the organ donor list and must undergo kidney dialysis three times a week, leaving him unable to work and provide for his family. Is $100,000 enough to compensate him and his family? Is $250,000 enough? The answer is no. Not only did the father of three lose his job, which provided health insurance coverage for him, his wife, and three children, but is now facing unending medical bills for continual treatment; all of which is due to the surgeon’s, and/or hospital staff’s inattention to his condition.

Thankfully, most hospitals and physicians carry more malpractice insurance than Florida law requires; however, some carry no insurance at all. As illustration, think about motorists, vehicle owners must carry a minimum amount of liability insurance in order to drive legally in Tampa, but how do you know if every driver has insurance. The simple answer is you do not know, not until you are in an accident with an uninsured driver. Then you find out he or she does not have insurance. The same is true for healthcare providers. How would you know if your doctor carries medical malpractice insurance? Is there a sign posted in his office that reads, “I do not carry malpractice insurance?” Although such a display would be nice, most physicians do not post such material. In fact, most providers who do not have malpractice insurance cannot get malpractice insurance because of past mistakes. If the doctor practices medicine at a hospital or clinic without insurance, then the clinic or hospital may be responsible for his or her medical negligence.

There is an old saying that anyone who represents himself or herself has a fool for a client. This holds true in all legal matters, whether you are the plaintiff or defendant in both criminal and civil court. The veteran medical malpractice attorneys of Tampa live and breathe by that old saying. No matter if you hold a Bachelors degree, Master’s Degree, PhD, or are an attorney yourself; if you have a medical malpractice claim, you need an attorney who will fight for you.