Florida Passes Malpractice Reforms

By Gary Mogel

NU Online News Service, Aug. 14, 2:05 p.m. EDT?The Florida Senate and House have hammered out a medical malpractice reform compromise during the third special legislative session called by Gov. Jeb Bush to find a solution to the insurance availability and affordability crisis in the state.

The governor, a staunch backer of the reforms, is expected to sign the compromise bill.

Under the reforms, non-economic (pain-and-suffering) damages against any one doctor are capped at $500,000. This cap can be "pierced" to $1 million for certain enumerated catastrophic injuries, including death, paralysis and blindness.

For hospitals, non-economic damages are capped at $750,000, and that cap can be pierced to $1.5 million for catastrophic injuries.

There is also to be a cap of $150,000 per defendant for non-economic damages stemming from emergency room care, with a limit of $300,000 in non-economic damages for two or more defendants, such as if two doctors or a doctor and the hospital are sued. These caps cannot be pierced.

"None of these measures guarantee that one of the primary purposes of reforms?reducing doctor and hospital malpractice insurance premiums?will be accomplished," noted William Stander, government affairs representative for the southeast region of the Downers Grove, Ill.-based Alliance of American Insurers.

"But the reforms do include a rate freeze through January 2004, so at least premiums will not go up during that period," Mr. Stander added.

The Florida Medical Association, based in Tallahassee, remains skeptical about the reforms. In a statement, FMA noted that "the exceptions to the $500,000 cap that increases to $1,000,000 will not provide the relief necessary to ensure access to high quality care for all Floridians." The FMA had pushed for a $250,000 cap with no exceptions.

While Jacksonville-based FPIC Insurance Group Inc., Florida's largest malpractice carrier, had indicated that it would reduce rates by 20 percent if a $250,000 cap was passed, the Alliance's Mr. Stander noted that the reduction is probably "off the table" now because the proposed reforms include a higher cap.

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