Lawsuits To Delay Implementation of Medical Malpractice Measures in Florida
Both sides expect it will be a long time before any of the amendments are implemented
Florida hospital industry officials on Wednesday filed lawsuits in state circuit courts seeking to delay the implementation of two ballot measures related to medical malpractice that were approved by state voters on November 2. (Groeller, Orlando Sentinel, 11/4). Florida voters by an 81% to 19% margin passed Amendment 7, which will allow patients to examine records of medical errors committed by physicians in medical facilities, and by a 70% to 30% margin approved Amendment 8, which will amend the state constitution to allow the revocation of the licenses of physicians who lose three malpractice lawsuits. In addition, Florida voters by a 64% to 36% margin passed Amendment 3, which will amend the state constitution to allow plaintiffs in malpractice lawsuits to retain 70% of the first $250,000 in damages awarded and 90% of damages awarded in excess of that amount (Kaiser Daily Health Policy Report, 11/3). The lawsuits seek a court order to block Amendments 7 and 8 until the state Legislature clarifies the details of their implementation, according to Florida Hospital Association attorney Bill Bell. He said that the two amendments are vague and could conflict with several state and federal laws (Orlando Sentinel, 11/4). Health care professionals hope that the courts will "declare the ballot questions unconstitutional or order the Legislature to pass laws that will interpret and implement the voters' decisions," according to the South Florida SunSentinel. Richard Morrison, vice president of Florida Hospital which filed both lawsuits with other community hospitals statewide and FHA said, "I think major portions of these things are going to get shot down in the courts." Meanwhile, members of the Academy of Florida Trial Lawyers said that they plan to also file a lawsuit over Amendment 3. The lawsuit likely will challenge the attorney fee limits imposed by the amendment as an "unconstitutional restraint of business," the SunSentinel reports (South Florida SunSentinel, 11/4). Some attorneys have argued that the amendment would prompt them not to represent plaintiffs in many malpractice lawsuits because the "cost of preparing a case that might be lost outweighs the potential for financial reward," the Sentinel reports. Long Legal Fight According to the Sentinel, "Both sides expect it will be a long time before any of the amendments are implemented" (Orlando Sentinel, 11/4). Both sides also that they expect to ask the state Legislature next spring to pass laws "watering down or stalling some or all of the three" ballot measures, according to the SunSentinel. Paul Barach, director of the University of Miami Center for Patient Safety, said that the amendments could make the state health care system less safe. Barach said, "We have not made it safer for patients in Florida, despite all the money and all the rhetoric" (South Florida SunSentinel, 11/4).