Thursday, April 14, 2011
Florida Senate Bill 1590
The Florida Senate is considering legislation (SB 1590) that would reform medical malpractice law. This bill would require that any physician testifying in a medical malpractice case either be licensed in Florida, or obtain a certificate of their credentials from the Board of Medicine prior to providing testimony. Presently, no such credentials are required, and plaintiff's attorneys can find anyone with a medical degree who is willing to testify and pay them to do so. The bill also gives doctors the final say on whether an insurance company can settle out of court on your behalf. This is freqeuently done to savce money for the insurance company, but at the cost of tarnishing a physician's reputation, even if no wrong was committed. In going through my own licensure and credentialing process, I have had to verify numerous times over that I have not been sued and settled out of court. There are many sad stories and can only imagine the distress of having to carry the burden of being labeled as a "doctor with a settlement" against me, even if I did nothing wrong. The bill was heard in Senate Banking and Insurance committee on Tuesday April 12 and received ten yeas and no opposition.
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Happened to me -
ReplyDeleteback in the day when I was stupid enough to have malpractice insurance -
the night before trial, the insurance company settled for $25,000 against my wishes. They stated that the trial would have cost them more than that and even when we won, the other side had no assets to collect for court costs and/or attorney fees so the correct "economic" solution was to settle, in the eyes of the insurance company. That was the end of my virginity, and my only case!
Now, being MUCH smarter, I'm bare and use an arbitration agreement- check out www.maa-md.com for details. No, I don't get paid to advertise, but I would like my fellow doctors to get some real protection to continue to practice medicine.
Frank Cook, MD