Medical Malpractice Defense
Who We Are
David Di Pietro and Associate’s medical malpractice defense team is made up of a cohesive, multidisciplinary group of healthcare attorneys and former judges as well as a board-certified physician as a medical advisor, to advocate for a positive resolution to any medical licensure or malpractice issues.
Our healthcare and jury trial experience provides our clients with quality representation. The attorney’s in our firm have tried over 100 jury trials. David Di Pietro, managing partner, is a former prosecutor and the former board chairman of the 9th largest public healthcare district in the nation. Jay Spechler, partner, is a retired judge with 20 years of judicial experience and has mediated over 1000 cases most of which were complex civil matters including medical malpractice. Gary Cowart, partner, is also a retired judge who has presided over 300 jury trials and over 500 nonjury trials and has ruled upon thousands of motions. Dr. Tiffany Sizemore-Ruiz serves as our in-house medical advisor and holds four separate medical board certifications and is recognized as a leader in patient satisfaction. Dr. Sizemore-Ruiz helps to serve as a liaison between the healthcare professional and the attorneys.
We offer state-wide medical malpractice defense for all healthcare professionals.
What We Do
Our flat fee pre-paid medical malpractice defense plan includes comprehensive legal services for medical malpractice defense (inclusive of expert witnesses and court costs) and licensure defense (Board of Medicine complaints, AHCA complaints ). We also offer an annual review to assess a physicians asset protection strategy. We offer our services to physicians who are bare and who carry malpractice insurance but want the added comfort of knowing that a law firm is always on their side.
- Defense of medical malpractice claims
- AHCA/DOH complaints
- Medicare and Medicaid investigations
- Hospital or medical provider accusations or investigations
- Licensing board adverse actions
- Annual review to evaluate asset protection strategy
What is the cost?
Our flat fee pre-paid malpractice defense varies based upon a physician’s specialty. The annual cost (which can be paid monthly) is between $5000 and $9500, and is all inclusive of the items noted above.
How Do I Sign Up or I Have Questions?
As a result of frivolous lawsuits and runaway juries, the cost of medical malpractice insurance has skyrocketed. Moreover, sometimes having a medical malpractice insurance policy makes a doctor or physician group targets for baseless lawsuits. Many doctors have found that having a medical malpractice insurance policy is cost prohibitive and going “bare” is economically necessary.
Should a medical doctor or doctor of osteopathy decide to go “bare”, Florida Statute § 458.320 requires the medical doctor or doctor of osteopathy to post a notice in the form of a sign prominently displayed in the reception area and clearly noticeable by all patients or provide a written statement to any person to whom medical services are being provided. The sign or statement must read as follows: “Under Florida law, physicians are generally required to carry medical malpractice insurance or otherwise demonstrate financial responsibility to cover potential claims for medical malpractice. However, certain part-time physicians who meet state requirements are exempt from the financial responsibility law. YOUR DOCTOR MEETS THESE REQUIREMENTS AND HAS DECIDED NOT TO CARRY MEDICAL MALPRACTICE INSURANCE. This notice is provided pursuant to Florida law.”
Florida Statute § 458.320 also requires “bare” doctors to submit a form to the Florida Department of Health indicating the doctor’s election not to carry malpractice insurance.
Prior to going “bare”, a medical doctor or a doctor of osteopathy should seek legal advice. There are many practical considerations to take into account prior to going “bare” (i.e. asset protection). David Di Pietro & Associates represents “bare” medical doctors and doctors of osteopathy in the event they are sued for medical malpractice.