Compassionate people enter medical professions. This caring nature defines most healthcare workers. However, due to the complex and unpredictable nature of illnesses, surgeries, medication side effects, and numerous other possible complications, negative outcomes may happen. When a patient is unhappy with their care, they may file a medical malpractice lawsuit.
Right, or wrong, anyone may bring a lawsuit. Remember, being sued does not mean you failed to provide the best care to your patient. So, do not panic if you are faced with a malpractice lawsuit. However, when dealing with a malpractice claim, it’s wise to consult with an attorney who specializes in these cases.
The medical malpractice defense team at Di Pietro Partners is made up of a cohesive, multidisciplinary group of healthcare attorneys and former judges as well as a board-certified physician for our medical advisor, to advocate for a positive resolution to any medical licensure or malpractice issues. We have extensive experience in healthcare law as well as representing plaintiffs in medical malpractice claims. This provides us with a unique level of experience to represent you or your organization.
Med Mal Defense Attorney David Di Pietro on National TV
Medical Malpractice Lawsuit Frequency
Medical malpractice lawsuits are quite common. In fact, most doctors will face one lawsuit during their career. The good news is that only a small percentage ever make it to court. Most are settled out of court, dismissed, or the patient withdraws the case. Other medical professionals may be sued including:
- Clinic workers
- Nursing home workers
Loss of Medical License
A medical malpractice lawsuit is a civil case. Generally speaking, the plaintiff is looking for financial compensation. Monies are awarded when the plaintiff’s attorneys prove negligence. This is a difficult task and your defense attorney understands how to “poke holes” in their case. So, your license is safe unless you intentionally harm a patient. Our medical malpractice defense lawyers are highly experienced representing healthcare providers for medical license suspension.
Role of A Medical Malpractice Defense Attorney
The defense attorney will prove that the defendant followed the “standard of care” that any healthcare provider would in the same situation. The prosecution must prove ALL FOUR elements of the case: duty, breach, causation, and damages. Your defense attorney only needs to disprove one or more of these elements:
- Duty – Was there a patient-provider relationship? For example, in an emergency room, patients may come in unconscious with no records. Doctors must make life and death decisions without vital information. In some of these cases, “duty” may be questionable since there was no previous patient-provider relationship.
- Breach – This is where the standard of care is questioned by experts. Each side brings in experts to assess whether or not you followed the usual care practices. Generally speaking, medical professionals make great witnesses for one another in this area.
- Causation – This is a complicated element particularly in death cases. One example involves a failed diagnosis. Imagine a patient visits a neurologist complaining of severe headaches. So, the neurologist prescribes a muscle relaxer and pain pills and fails to order any brain scans. Then, a week later the patient enters an ER with loss of sight and a blinding headache. Scans reveal an inoperable tumor and the patient dies two weeks later. In this case, the neurologist was negligent, but did not cause the patient’s death. Sadly, there was no hope. A great defense attorney would realize this element of the case. Basically, their client did not cause the death.
- Damages – Defense attorneys work to eliminate or decrease any damages set by the plaintiff’s attorneys. Of course, if your defense attorney proves you were NOT negligent, there are no damages.
Medical And Legal Experience
Our healthcare and jury trial experience provides our clients with quality representation. The attorney’s at our firm have tried over 100 jury trials and are well-equipped in handling the legal needs of your medical practice. Furthermore, several of our team members possess individual experience in the medical field. You can learn more about this experience below.
David Di Pietro (CEO) – David is a former prosecutor and the former board chairman of the 9th largest public healthcare district in the nation.
Dr. Tiffany Di Pietro (D.O., F.A.C.C.) – Dr. Di Pietro serves as our in-house medical advisor and holds four separate medical board certifications and is recognized as a leader in patient satisfaction; she helps by serving as a liaison between the healthcare professional and the attorneys.
Effects of Malpractice Cases
Medical professionals dedicate their lives to helping others. Some risk their own health by treating contagious diseases and working long hours. So, being served with a malpractice lawsuit upsets the medical community. That being said, we are all human and anyone may make a mistake. So, some baseless lawsuits are brought out of grief, others may have merit.
Death happens every day in hospitals, even when staff does everything possible to save a patient. Also, mistakes are made every day in hospitals, pharmacies, labs, and nursing homes. Fortunately, most errors are caught in time. In conclusion, if you are facing a medical malpractice lawsuit, contact an experienced healthcare attorney to represent your best interests.
Florida Medical Malpractice Defense Firm
It is very possible that a physician will be sued for malpractice at some stage of his or her medical career. During the course of a lawsuit there can be many personal, professional, financial, and legal issues to face. If you receive any type of filed complaint, you should notify your insurance agent or the insurance company without delay.
If you are with a self-insured group, you should immediately contact risk management. It should be noted that failure to properly respond to a civil complaint can result in a default judgment against you. As a result, it’s prudent to speak with a lawyer that’s experienced with the legal side of healthcare and medical malpractice defense when dealing with a potential malpractice suit.