Florida Supreme Court, Casting Separation of Powers Aside, Invalidates Medical Malpractice Damages Limits

Andy-Bolin-Color-HiRes-420x280Guest Commentary

By Andrew S. Bolin, Beytin, McLaughlin, McLaughlin, O’Hara, Bocchino & Bolin, P.A.

In 2003, the Florida Legislature undertook the arduous task of examining the impact of medical malpractice lawsuits in the State of Florida. Governor Jeb Bush appointed a Select Task Force on Healthcare Professional Liability Insurance that consisted of a distinguished group of non-partisan scholars and public servants, including the former Secretary of the Department of Health and Human Services under President Clinton. Over one regular and four special sessions, Florida’s Legislature reviewed over 1,600 sworn affidavits from medical providers, heard hundreds of hours of testimony during public hearings, and analyzed empirical evidence provided by those studying the issues.

The results of this rigorous undertaking were shocking. Four-hundred Broward County physicians cited the soaring costs of medical malpractice insurance as a reason they left the state or retired early. The task force pointed to examples of obstetrical centers closing due to increased premiums and residency graduates being forced to practice outside of Florida because they were unable to obtain or afford malpractice insurance. In 2003, 80% percent of obstetricians in Miami stated that they had been forced to practice without the protection of malpractice insurance. Ten percent of OB/GYNs in Orlando chose to leave the practice. Continue reading “Florida Supreme Court, Casting Separation of Powers Aside, Invalidates Medical Malpractice Damages Limits”