Rumors of victims of medical malpractice racking in millions of dollars has for years allowed politicians and insurance companies to propagate the myth that these victims are overcompensated and that attorneys are simply filing frivolous lawsuits to get a piece of the pie. Pro-med-mal reformers in the state of Florida are no different. A bill was recently passed by the Florida legislature that will change the medical malpractice laws-albeit at the expense of victims of doctor and hospital negligence.
In 2004, Florida voters approved several initiatives designed to curb medical malpractice errors including capping damages for pain and suffering to $500,000. In 2011, HB 479 was added to the Florida House legislative calendar, referred to various committees, passed, and moved on to the Senate for a check and balance. Recently, SB 1590 was passed by Florida Senators.
The new laws will no doubt change how medical malpractices cases are handled in the state of Florida. Included in the new law are provisions that make particular insurance information inadmissible as evidence in court specifically for medical malpractice cases, provisions that limit hospital liability for certain med mal claims, and provisions that punish out-of-state doctors who offer expert testimony later determined to be false or misleading.
Fiction Promoted as Fact
The bill's Republican supporters are not unlike the many corporate interests and other pro-med mal reformers that spread misinformed information to the public regarding medical malpractice lawsuits.
The bill's supporters argue that as a result of the new law, costs of medical malpractice insurance premiums for doctors will decrease. However, Florida medical malpractice claims are already declining and rates have actually lowered by 40 percent.
Supporters are also using the rising costs of health care, spoken about by prominent medical outlets all over the country, as an additional argument in favor of the new law to curb medical malpractice litigation in the state. However, supporters fail to mention the windfall profits from pharmaceutical drug companies or administrative costs as real factors contributing to skyrocketing health care costs in the U.S.
Frivolous medical malpractice lawsuits is another ideology used as a central reason for high med mal premiums. However, frivolous malpractice suits are actually rare. Attorneys handling medical malpractice claims have to front a lot of up-front costs and many would not pursue flippant claims because of the time and energy involved in handling these types of cases.
Despite the numerous arguments legislatives who voted in favor of the bill, advocates say that the new bill is simply designed to carry out one main agenda: increase the difficulty for victims of medical errors to pursue their claims in court.
The new Florida medical malpractice law took effect on July 1, 2011.
If you or a loved one has been the victim of medical malpractice, you still have legal right to recovery. A knowledgeable Florida personal injury attorney will navigate any new changes in med mal law to help you obtain the extent of recovery allowed under law.
