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This thread relates to another however, I wanted to address the issues specifically in Florida.
2 amendments, written by the trial attorneys (john edward's types), have been accepted. Both of them have FAR reaching consequences.
Here is Amendment 7
Now the fun amendment 8
According to the language seen on the ballot, not here. The amendment is retroactive and INCLUDES settlements over $5,000. This effect will be devastating. Trauma, Neurosurgery, OB/GYNs will be forced to leave Florida and may lose their lisence before they even pack their bags.
The exact enforcement and application of these amendments will be something to watch. However, they were written by the trial attorneys with only one thing in mind, money. It is their response to amendment 3 (proposed by doctors) to limit how much they can personally collect from malpractice cases. They offered to remove 7 & 8 if we removed 3. We didn't and we lost.
How will this apply to residents?
Well, if we lose attendings, you figure it out.
2 amendments, written by the trial attorneys (john edward's types), have been accepted. Both of them have FAR reaching consequences.
Here is Amendment 7
This has terrible consquences. M&Ms or mortality and morbidity conferences will be a thing of the past. The peer review process will be open for trial lawyers to review. A lawyer can literally go to a hospital and recquest information on any and all adverse events occuring with a specific doctor.Patients' Right to Know About Adverse Medical Incidents
Ballot Language: Current Florida law restricts information available to patients related to investigations of adverse medical incidents, such as medical malpractice. This amendment would give patients the right to review, upon request, records of health care facilities' or providers' adverse medical incidents, including those which could cause injury or death. Provides that patients' identities should not be disclosed.
Financial Impact Statement: The direct financial impact this amendment will have on state and local government revenues and expenditures cannot be determined, but is expected to be minimal. State agencies will incur some additional costs to comply with public records requirements of the amendment, but these costs will be generally offset by fees charged to the persons requesting the information.
Amendment Type: Citizen Initiative
Were paid, professional signature gatherers used to place this on the ballot? YES
Sponsor: Floridians for Patient Protection
Proponents: Academy of Florida Trial Lawyers 😡
Proponents? point of view: This amendment will arm patients with information regarding their doctor?s malpractice incidents and adverse judgments. Proponents argue this amendment will provide patients with critical information about doctors and hospitals in Florida.
Money Raised (including loans): $21,861,532.47 (October 13, 2004)
Top Three Contributors:
1. Searcy Denney Scarola Barnhart & Shipley, P.A. (Florida) 😡
2. Grossman and Roth, PA (Florida) 😡
3. Brown, Terrell, Hogan (Florida) 😡
Money Spent: $19,270,373.83 (October 13, 2004)
Opponents: Florida Medical Association
Opponents? point of view: Physicians will no longer be able to perform reviews on other physicians if this amendment passes. These reviews address patient care concerns that help to reduce errors and improve patient?s quality of care.
Now the fun amendment 8
Public Protection from Repeated Medical Malpractice
Ballot Language: Current law allows medical doctors who have committed repeated malpractice to be licensed to practice medicine in Florida. This amendment prohibits medical doctors who have been found to have committed three or more incidents of medical malpractice from being licensed to practice medicine in Florida.
Financial Impact Statement: The direct financial impact on state and local governments resulting from the proposed initiative would be minimal. There will likely be additional costs to the state of less than $1 million per year, but these costs will be offset by licensure fees.
Amendment Type: Citizen Initiative
Sponsor: Floridians for Patient Protection
Proponents: Academy of Florida Trial Lawyers 😡
Proponents? point of view: Nearly 195,000 Americans are killed each year by medical mistakes. This amendment will benefit patients by prohibiting doctors with three or more medical malpractice incidents to practice.
Money Raised (including loans): $21,861,532.47 (October 13, 2004)
Top Three Contributors:
1. Searcy Denney Scarola Barnhart & Shipley, P.A. (Florida) 😡
2. Grossman and Roth, PA (Florida) 😡
3. Brown, Terrell, Hogan (Florida) 😡
Money Spent: $19,270,373.83 (October 13, 2004)
Opponents: Florida Medical Association
Opponents? point of view: If this amendment passes, doctors practicing in high-risk fields, such as ob-gyns, neurosurgeons and trauma surgeons, will leave Florida and new doctors will decide not to come to Florida to practice. 😱 This will limit patient?s access to quality healthcare.
According to the language seen on the ballot, not here. The amendment is retroactive and INCLUDES settlements over $5,000. This effect will be devastating. Trauma, Neurosurgery, OB/GYNs will be forced to leave Florida and may lose their lisence before they even pack their bags.
The exact enforcement and application of these amendments will be something to watch. However, they were written by the trial attorneys with only one thing in mind, money. It is their response to amendment 3 (proposed by doctors) to limit how much they can personally collect from malpractice cases. They offered to remove 7 & 8 if we removed 3. We didn't and we lost.
How will this apply to residents?
Well, if we lose attendings, you figure it out.

