In the state of Florida, legislators are looking over a bill that may make it harder for injured patients to seek punitive damages in medical malpractice cases. The bill, SB 1792, was passed by the Senate on April 11th in a 27-12 vote. It was then passed by the house on May 1st, on a 77-38 vote. If it is signed by the governor this month, it will redefine who can qualify as an expert witness in any case that is filed against a doctor.
Already, Florida's Malpractice Act requires that any injured patients seeking compensation obtain a sworn affidavit from a doctor to initiate a claim. This means that they must locate another physician who is willing to testify against the doctor that they are suing and can evidence that the medical malpractice took place and cause substantial injury to the plaintiff.
This can be very difficult for plaintiffs, who may be injured and have a difficult time securing another physician while they are in recovery. Also, medical malpractice attorneys are typically at odds with phsyicians, so it may be hard for them to locate a doctor who will sign the affidavit willingly.
Many doctors are reluctant to testify in medical malpractice cases because the doctor that they are testifying against probably practices in the same community. In many cases, the court will require a doctor practicing in the same specialty to testify against the defendant. This can make it hard to find a willing medical authority because doctors in the same specialty are normally friends.
The Florida States say that medical malpractice cases need to involve an expert witness that is a healthcare provider who practices the same or similar specialty. This means a plaintiff who was injured by a neurosurgeon could hire an orthopedic surgeon that understands the procedure to help with the case.
Now, the new bill would make it so that only doctors who are specialists in the exact same area can testify against another physician. This will further complicate the medical malpractice cases and reduce the amount of lawsuits because many men and women won't be able to locate the necessary witness that they need.
Supporters of the bill say that with a difficult stipulation like this in place, more Floridians will work to fix cases outside of court and come to resolutions with medical care providers. Another change that is contained in the bill would allow a defendant's doctor of a hospital's lawyers to ask for a meeting with the plaintiff's new physician. Initially, these meetings will take place with the patient's attorney present.
After 15 days, the doctors could meet confidentially without oversight by a lawyer to discuss the plaintiff's condition and necessary negotiations involve with the lawsuit. The doctors will have the right to discuss the claimants' medical records, diagnosis, and prognosis. The doctor can even recommend a defense attorney for the doctor who is on the defense.
This means that the medical malpractice defense lawyer will have the right to discuss the sealed medical history of the patient, which is a direct violation of the patient-doctor agreement and confidentiality. If you are a plaintiff in the state of Florida, you will want a reliable and helpful medical malpractice attorney on your side to make sure that your case is handled legally.
While many legal authorities believe that the governor of Florida will sign the bill into effect, there are still ways to secure a medical malpractice settlement. You will want a cunning attorney who knows others in the business and can get the expert witnesses that may be required for future cases.