Taken from the Florida Medical Associations website:
Original Article can be found at:
http://www.fmaonline.org/legis/sessionsummary051205.asp
Session Summary - May 12, 2005
AMENDMENT EIGHT - THREE STRIKES
Senate Bill 940 interpreting Amendment 8 is awaiting the
Governor's signature. This bill helps to ensure due
process for Florida physicians and predictability for
physicians and their patients. The bill helps to ensure a
physician's due process by providing that:
- The amendment will not be applied retroactively.
Only incidents that occur after November 2, 2004, can
be considered for a strike.
- A single incident cannot count as more than one
strike, regardless of the number of claimants or
findings.
- Settlements in disciplinary cases and in civil cases
cannot be considered a strike.
- The Board of Medicine will review judgments in civil
cases. Only cases involving clear and convincing
evidence of malpractice will be considered a strike.
- Out-of-state discipline does not count as a strike.
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A physician who has 3, single incident, court judgments based
in the State of Florida after November 2nd, 2004, which have been
reviewed and upheld by the Florida Board of Medicine will loose
his/her license according to the results of Senate Bill 940.
Out of State Suits will not apply. The Malpractice
Amendment will not be retroactive before
11/03/2004.
What are the ramifications of this law?
It will really be dependant upon the "review process"
of the Florida Medical Board. If they decide to take a hard line
stance against the Physicians then Florida will experience a
shortage of Specialist and Experienced Physicians in 2 to 7 years.
Florida will basically replace its' experienced Specialists with
Physicians fresh out of Residency. If they decide to side with the
Physicians on the majority of the cases, then the impact will be
limited.
What is assured is that when a Physician experiences his/her
2nd Judgment which is counted as a "Strike" then that
Physician is going to relocate to another State or will set up
licenses in other States to insure that he/she can continue
practicing in the advent that a 3rd Strike is levied against
him/her.
What politicians and the uniformed populace never seem to
realize is that the market will manage itself. The Malpractice
Environment in Florida is egregious. Physicians cannot afford to
cover themselves with malpractice insurance. What do they do? They
set up off shore companies to shelter their assets from the Trial
Attorneys. When the are sued the Attorney's cannot collect on the
judgments. The Physician doesn't have any assets within the reach
of the trail attorneys.
It is my personal opinion that this amendment will be
overturned in another referendum if its' impact affects the number
of Physicians in South Florida. The cost of medical care will sky
rocket and patients will have to travel long distance to receive
specialized care or will have to be put on long waiting lists to see
the few physicians still in practice in the high risk
fields.
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