Lawyers sidestep a voter-approved constitutional malpractice cap. Doctors are asking patients to sign a form waiving their rights to to collect anything more than $250,000 in a medical malpractice lawsuit:
“We cannot allow trial lawyers to circumvent the will of the people through their legal maneuvering,” said Patrick Hutton, president of the Florida Medical Association and an orthopedic surgeon from the Jacksonville area.Hutton and other FMA officials were quick to stress that the waiver won’t be required in emergency cases. But they didn’t rule out the possibility that some doctors may refuse to treat patients who don’t want to sign the form.
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{ 6 comments }
Now only if innocent third parties had the opportunity to have the providers not profiteer on PI cases…
Whenever my kids go on a school field trip I have to sign a waiver that releases everyone from liability “even in the event of negligence.” If I refuse to sign it, my kids don’t go on the trip. Why is it that they can do this but I can’t when my patients come seeking elective care?
“Why is it that they can do this but I can’t when my patients come seeking elective care?”
Because doctors don’t have the political power to get the lawyer sodomites off their backs. If they can’t make a fortune off of us and our patients bad outcomes, where will they go to make their millions for accidents and bad outcomes like cerebral palsy?
The behavior on the part of lawyers, doctors, and the Florida Supreme Court is abhorrant and childish. My family members are leaving Florida after a 3 years stint, none too soon I might add. Anybody want to buy a house in Florida?
“Why is it that they can do this but I can’t when my patients come seeking elective care?”
That waiver they sign at school is next to worthless. Courts will generally not allow you to waive negligence. If the bus is poorly maintained by the school and an accident results, they’re just as liable, waiver or not.
From what I understand with this FL supreme court ruling, the lawyers are not bypassing the overall pain and suffering cap of $750k but only are increasing their percentage take from the total sum of money from a settlement/judgement. By doing this the patients are getting less from the final settlement/judgement and probably should find another lawyer if they are asked to “waive their constitutional rights”.
Additionally, I noticed that the FMA announced that one of the malpractice insurers (FPIC) will be lowering insurance rates from 8-19%! Things may be improving down there since the passage of Amendment 3.
http://www.fmaonline.org/members/090506%20FPIC%20rate%20decrease.html
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