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Florida Medical Malpractice Defense Attorney

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). Florida Litigation Law Firm represents "bare" medical doctors and doctors of Osteopathy in the event they are sued for medical malpractice.

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Tower 101 |  101 NE 3rd Ave, Suite 1410 |   Ft Lauderdale FL 33301   |   Phone: 1 954.712.3070   |   Fax: 1 954.337.3824

 
 

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