Friday, February 25, 2005

Florida Malpractice Update

More debate onthe "three strikes" ammendment in Florida:

"The new amendment and another one - both pushed by trial lawyers - would force doctors and hospitals to release records of medical mistakes and would revoke the license of any doctor hit with three malpractice judgments. Doctors, hospitals and the state agencies say they are ambiguous and can create confusion.

The amendments are the latest twist in the medical malpractice fight in Florida. The Legislature, which approved a half million dollar cap on some types of malpractice awards two years ago to stem skyrocketing premiums and bring down medical costs, again will find itself thrust in the middle when lawmakers return to work March 8.

Doctors and hospitals are hoping the Legislature will pass bills to resolve questions they have about the amendments. But trial lawyers see the concerns raised by medical professionals as a smoke screen to get lawmakers to water down the new rules."

Link...

16 comments:

DDL said...

The old folks in Florida seem to think that this law will decrease the insurance rates in the state. In fact the opposite will happen.
The question you have to ask yourself is why in the world lawyers would want to push this law? Is it in their best interest to reduce the number of malpractice suits in the country? How are they going to feed their kids? Repay their loans? Buy their mercedes? If you give lawyers a magic wand that would get rid of all malpractice in this country, how many of them would use it? Lawyers are not soldiers praying for peace so they can go home and do something else. There's no money to be made with healthy people.

With that in mind, here is how the three strikes law benefits lawyers.

Plaintiff Trial lawyers don't like trials. That's right. Why? because they lose most of them. What they do like is the unpredictibility of a trial. Sure they will lose most of them but they could win and win big. That makes defendants want to settle. Settlements are good. A lawyer is sure to get his paycheck in a settlement, but in a trial they will most likely have to eat their court costs.
Three strikes law will encourage settlements. If you are a doctor getting sued do you want to risk losing your license? of course not. you settle.

This will increase the numbers of malpractice suits filed in Florida.

If Floridians really want to be fair they should pass the three strikes law for doctors and Lawyers. If you represent three injured patients and fail to get them compensation, you lose your bar license. Let's see what the trial lawyers think about that.

Anonymous said...

How are they going to feed their kids? Repay their loans? Buy their mercedes? If you give doctors a magic wand that would get rid of all sickness in this country, how many of them would use it? Doctors are not soldiers praying for peace so they can go home and do something else. There's no money to be made with healthy people.

See how easy it is to attack people? Of course, the big difference between ddl's argument and mine is that if malpractice goes away, lawyers can always make money sueing tobacco companies. What are doctors going to do if lung disease, heart disease and obesity go away? Golf all the time?

The fact is that if you believe the insurance industry argument that medical malpractice claims are driving up medical malpractice insurance rates (a questionable argument), than it makes good sense to get the handful of doctors who are responsible for the vast majority of malpractice out of the risk pool. Here in Illinois, 3.6% of docs are responsible for 47% of malpractice cases, according to federal records.

The best argument for the law is not to lower insurance rates, but to protect public safety. If "three strikes you're out" is a good policy to protect us from felons, it makes sense to apply the same standard to quacks who endanger the public with their negligence. I hope other statesd follow suit.

Ted said...

If it's really the case that only a small number of doctors are causing the majority of malpractice, why don't lawyers form an insurance company to insure the ones who don't commit malpractice?

Just Surfing said...
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Natwho said...
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chxiao said...
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Anonymous said...

**HYDROPONICS**

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RNPALicense.com said...

MedLicense.com has seen a 3 fold increase of physicians licensed in Florida seeking an additional license in another State as "insurance" against the eventual enforcement of this moronic amendment. The State of Florida is going to be stripped bare of specialist who perform high risk procedures and surgeries. I hope the elderly population of South Florida saves up on their sky mails, because they are going to need them to fly to Atlanta to seek the medical care they need once the real impact of this amendment is felt.

Experienced physicians who hold a Florida Medical License will be forced out of State only to be replaced by inexperienced physicians brought into the State by the artificial physician shortage.

MedMal Attorney said...
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