James W Clark
Personal Injury Attorney Tampa Bay, Florida

Medical Malpractice
- Doctor-Patient Relationship
- Doctor-Patient Confidentiality
- Causation
- Informed Consent
- Damages
- Liability of Hospitals and Health Maintenance Organizations (HMO)

Medical malpractice is the failure of a medical professional to meet the standard of good medical practice in the area in which the medical professional practices. A medical professional may be a doctor, a nurse, a medical technician, or other health care provider. If the medical professional fails to meet the standard of good medical practice and harm results to a patient, the medical professional may be liable for any resulting damages by an attorney. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty.

The duty of a medical professional usually is not the duty to cure or to guarantee a good outcome from treatment. The duty is to provide good medical care according to accepted standards in the community, or, in the case of a specialist, accepted standards in that medical specialty. A medical professional may, however, have a different duty of care if a specific guarantee of a particular result is given to the patient.

What is Malpractice?

The concept of medical malpractice negligence is very broad and encompasses virtually every kind of mistake that could be made by a medical professional. A common mistake is the failure to properly diagnose a patient's disease or injury resulting in improper or delayed treatment.

In Tampa and beyond, other actions which may constitute medical malpractice include:
* Improperly prescribing a drug
* failing to inform the patient of available treatments or
* continuing a treatment that has been shown to be ineffective
* failing to provide information to a patient.

Some types of injuries are considered "negligence per se" or negligence "on the face of it," because the particular type of injury could not have occurred without the negligence of someone involved in the patient's treatment. For example, if a medical instrument is left inside the patient’s body following an operation, negligence usually may be assumed without further proof.

Board Certified Medical Malpractice Lawyer - American Board of Professional Liability Attorneys

James W Clark
Clark & Martino PA
3407 W Kennedy Blvd
Tampa FL 33609-2905
Tel: 813 879-0700
Fax: 813 879-5498

* Medical Malpractice
* Professional Negligence
* Wrongful Death
* Auto Accidents

James W. Clark a Florida native born in Ocala, earned his Bachelor of Arts and Bachelor of Science degree from the University of Florida in Gainesville. He earned his Juris Doctorate from Stetson University in St. Petersburg, Florida where he was a member of Phi Delta Phi.

Mr. Clark was admitted to practice in Florida and the U.S. District Courts, as well as the U.S. court of Appeals, Fifth Circuit; U.S. Court of Appeals, Eleventh Circuit and the U.S. Supreme Court. He is a member of several professional organizations including:
* National Board of Trial Advocates
* The Florida Bar
* Southern Trial Lawyers Association (Board Member)
* American Association for Justice (President's Club)
* Florida Justice Association (Diplomate and Sustaining Member)
* New York State Trial Lawyers Association
* Texas Trial Lawyers Association
* American Board of Professional Liability Attorneys (ABPLA), Diplomate - Board certified medical malpractice attorneys - ABPLA.org

Mr. Clark is Board Certified in Civil Trial Law by the Florida Bar and the National Board of Trial Advocacy. This distinction comes after having substantial trial experience and passing a rigorous examination.

Mr. Clark is listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell. He has been named a "Leading American Attorney," a distinction earned by fewer than six percent of all attorneys in the state. As a member of the Million Dollar Advocates Forum, Mr. Clark is recognize as having demonstrated exceptional skill, experience and excellency in advocacy by achieving a trial verdict or settlement of one million dollars or more.

Mr. Clark served as a commissioned officer in the United States Army Special Forces serving during five combat campaigns in Vietnam. He was honorably discharged with rank of Captain.

Mr. Clark community activities include: Egypt Temple Shrine, Grand Lodge F.&A.M. #290, Scottish Rite of Freemasonry; Tampa Consistory; and the Disable American Veterans Association. He is a member of Palma Ceia Golf and Country Club and the Tampa Yacht and Country Club.
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