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September 6th, 2004

"Florida Medical Malpractice Proposals Will Be Decided in November Vote"

In 2003, the Florida Legislature passed a $500,000 noneconomic damages cap, which doctors say does not prevent premium hikes that are forcing them to leave the state, retire early or forgo high-risk procedures. Doctors have proposed a constitutional change, marked Amendment 3 on the Florida ballot, that would limit the amount Florida trial lawyers could collect in Florida medical malpractice lawsuits, claiming lawyers could still file suits with merit but it will discourage them from pursing meritless cases.

The lawyers, on the other hand, think that the amendment would reduce the accountability for health care negligence and incompetence and force patients to pay lawyers by the hourly fee. If this were the case, advocates argue only the wealthiest Americans will be able to pay for attorneys, and the contingency fee allows middle-class and poor Americans court access. In addition, trial lawyers think that the amendment would end up eliminating the majority of Florida medical malpractice cases because it takes lawyers a lot of money to fight these cases and they would no longer be able to take them.

The Florida trial lawyers have proposed Amendments 7 and 8 on the November ballot. Amendment 7 would allow patients access to review medical records associated with adverse medical incidents while keeping patient identity confidential. This open system would prevent turning heads to medical errors and allow patients to make the most educated choices when picking a physician, according to the lawyers.

Under Amendment 8, lawyers want to see physicians lose their licenses if having three strikes against them, eliminating doctors that have not learned from prior mistakes and provide inadequate patient care. According to early polling, all three amendments are likely to pass, though both sides are waiting with anticipation to see how the polling will end up. Both sides are expected to continue pushing their respective sides of tort reform.