Following the addition of the proposed caps, which include limitations on pain-and-suffering damages in claims against doctors and hospitals, the bill was forwarded by the Senate Judiciary Committee.
On Monday, senators from Florida started advancing a plan to significantly amend the state’s medical malpractice laws, including reducing the amount of money patients can sue for pain and suffering.
Docs, hospitals, insurers, and corporate interests squared off against plaintiffs’ lawyers and malpractice victims in a Capitol dispute that had raged on for decades over damage caps, stoked by the idea.
Despite its original intent to amend an existing medical malpractice statute, the Senate Judiciary Committee ultimately voted 8-2 in favor of the bill (SB 248). The committee inserted the proposed caps into the bill.
Those who want to keep medical malpractice insurance premiums low and encourage doctors to practice in Florida have argued that the caps are necessary.
Speaking on behalf of the Florida Osteopathic Medical Association, Anaesthesiologist Charles Chase stated, “There is a malpractice crisis, no matter how you look at it,” during Monday’s gathering. As far as statistics go, “malpractice” ranks Florida well.
Opponents of the caps, however, said that they would unfairly punish patients who have suffered harm due to medical professionals’ carelessness.
Senate Minority Leader Lauren Book (D-Davie) stated, “There has never been any evidence that these cases are brought frivolously.” “In many cases, these are the absolute worst.”
No matter how many doctors or practitioners are found to be negligent, the proposed limitations would limit the amount of “non-economic damages” that a plaintiff in a medical malpractice case might get from them to a maximum of half a million dollars. If you sue hospitals or other “nonpractitioners,” you can’t get more than $750,000.
Litigations involving Medicaid patients and doctors who offer emergency care would be subject to lower caps. “Economic” damages, including things like lost compensation, would be exempt from the restrictions.
Limits on medical malpractice have long been a point of contention. A number of limitations on non-economic damages were passed by the legislature in 2003 after special sessions.
However, such limitations were invalidated by the Florida Supreme Court in two separate opinions, one in 2014 and the other in 2017.
In response to concerns raised by the Supreme Court, particularly about potential equal-protection breaches, Senate Judiciary Chairman Clay Yarborough (R-Jacksonville) stated that the committee’s Monday approval of the caps was an effort to resolve those concerns. In addition, five of the present justices were selected by Republican Governor Ron DeSantis, significantly altering the composition of the Supreme Court between 2014 and 2017.
An unexpected dynamic was formed on Monday when the committee moved to attach the proposed caps to the measure regarding the other medical malpractice statute.
Because of this statute, adult children who sue for their parents’ tragic deaths cannot recover damages for emotional distress. Additionally, it forbids parents from claiming damages in the event of their adult children’s death after the age of 25.
Parents and adult children would be able to sue for damages under this bill.
There have been prior fights over comparable plans between doctors and insurance. However, when the suggested modification was bundled with the general limitations on non-economic damages on Monday, they were ready to comply.
An attorney for the Florida Justice Reform Institute, which advocates for limitations on lawsuits, Andrew Bolin, stated, “If we are going to remove that prohibition (on pain-and-suffering damages in the adult wrongful-death cases), then we also must have some counterbalance in the system.” Bolin has experience in medical malpractice defense.
The basic bill had bipartisan support, but Yarborough said that attaching it to the caps was the only way to garner enough votes to advance.
“This is hard,” stated Ben Albritton, a Republican from Wausau, who is leading the Senate majority. Finding a happy medium is challenging.
The House has not yet heard a measure (HB 77) from any of its committees. The proposed caps are not part of it.
