Medical Malpractice Defense
Physicians, hospitals, major medical clinics, health care providers, and insurance companies continually fight to prevent medical negligence. When one or more of them fails, today’s world of new managed care plans, “gatekeepers,” and integrated delivery systems can make the answer to the question, “Who is liable?” increasingly blurred, and enterprising plaintiffs’ lawyers continue to find new theories of liability ranging from corporate negligence to EMTLA (Emergency Medical Treatment and Active Labor Act).
Macfarlane Ferguson & McMullen has numerous attorneys who, collectively and assisted by a staff of paralegals, registered nurses, and persons knowledgeable in the health care field, represent some of the largest hospitals and physician insurance carriers in Florida. They approach each assigned case from a risk management standpoint, carefully analyzing liability and damages from a fresh viewpoint. The lead attorneys currently have over 75 years combined experience in defending health care practitioners and have developed strong expert contacts in all fields of medicine, allowing them to give a client a second opinion before costs become insurmountable.
Combined with the Firm’s appellate lawyers, the Firm’s health care trial lawyers have helped shape Florida law involving jury instructions, joint and several liability, NICA (Neurological Injury Compensation Association), standards for expert witnesses, and collateral sources. They have helped write portions of the Florida Statutes and currently serve on national committees striving to curtail the excesses in the nation’s tort liability system.
Finally, some of the Firm’s attorneys are involved on a national basis in health care education, and are accredited by all of the health care licensing boards to conduct continuing medical education seminars. They regularly conduct such seminars for several insurance and hospital clients.