On July 9, Governor Jeb Bush convened a special legislative session for both the Florida Senate and House of Representatives to work on making changes to a bill designed to limit medical malpractice settlements in order to entice doctors and insurance companies to stay in the state. In a proclamation by the governor to the House and Senate, he outlined the reforms to the malpractice bill he hopes the state legislature will make.
The special sessions began July 9 and could run through September if necessary, says Bush. Bush attributed the need for the special sessions to the lack of ‘real reform’ of medical liability in the last malpractice bill. Bush feels that the ‘skyrocketing’ costs of malpractice insurance is driving much needed healthcare and insurance providers out of the state.
The current Senate bill, Bush thinks, will amount to a bigger state government and more bureaucracy while not making substantial reforms. He feels that the bill puts taxpayers at risk by eliminating private insurance companies in the state, as well as forcing defendants in malpractice suits to pay more than their fair shares of damages.
One of Bush’s primary objectives is the $6 million malpractice cap proposed by the Senate. According to the governor, although the bill claims to provide only a $500,000 cap on malpractice, it still allows defendants to be sued more than once. Bush claims that this provision will allow loopholes for lawyers to work with to gain more money for their clients and for themselves.
Bush is also pushing for a reform of the so-called “bad faith” laws, which he claims stack the deck in favor of lawyers in malpractice trials, and has led Florida insurers to settle 50 percent of their claims, as compared to only 30 percent nationwide.
Currently, the federal and state governments mandate that emergency rooms provide care for all patients received, but the current bill does not offer protection for emergency room workers in cases of liability. Bush will urge both the Senate and House to provide protection to hospitals, doctors, and emergency room personnel in the event of a lawsuit. He also wants the boards of directors of hospitals to have the ability to conduct reviews of their personnel and practices and gives them the authority to enact disciplinary measures as needed.
Bush wants doctors facing malpractice lawsuits to gain access to patients’ current medical records under the care of their new physicians, so that the doctors may adequately defend themselves, which under current legislation is impossible.
Bush describes a need for eliminating the “lottery mentality” of today’s litigation in malpractice suits while improving health care and making physicians responsible for their actions.
Bush has been pleased so far with the cooperation of both the House and Senate on deciding to meet over the summer to discuss reforming the malpractice bill. He has asked his senators and representatives to stay committed to keeping a private health insurance enterprise and not to create more bureaucracy.
