Six years ago, the state of Florida initiated important tort reforms in order to reduce both malpractice insurance premiums for doctors as well as the overall number of medical malpractice lawsuits filed statewide. While these measures have certainly helped, Florida doctors still experience some of the highest insurance rates in the country.
The reforms placed caps on the pain and suffering damages which can be awarded in medical malpractice claims. Doctors can be held liable for $500,000 and hospitals $750,000 for pain and suffering. In the event of a catastrophic or fatal injury, these limits are raised to $1 million and $1.5 million respectively. There were no caps placed on past and future medical expenses associated with the injury.
These limitations have certainly improved the situation in Florida. Prior to 2004, Florida experienced 35 medical malpractice lawsuits per year. Since the reforms have been initiated, this number has reduced to 18 a year on average. However, doctors throughout the state still regularly employ defensive medicine practices such as ordering unnecessary tests to shield themselves from potential liability. This tactic raises healthcare costs for patients considerably; yet due to the volatile malpractice climate in Florida, physicians still feel the practice is necessary.
Furthermore, while malpractice insurance premiums have reduced somewhat, they still remain some of the highest in the nation. For example, doctors practicing internal medicine in Florida pay as much as $57,859 a year in Florida compared with Minnesota physicians, who often pay as little as $3,375 annually. In fields with higher premiums such as gynecology, the disparity is far greater: up to $201,808 a year in Florida compared with as little as $20,626 annually in Minnesota.
This trend has forced many physicians to relocate their practices to other states which have more affordable medical malpractice premiums. It has also impacted insurance companies – Florida has seen a steady decline in the number of insurance carriers willing to offer doctors malpractice insurance.
As the federal government debates health care reforms, it is clear that tort reform must be addressed on the national level as well in order to stem the rising costs of health care. It is estimated that defensive health care practices result in an increased cost totaling $60-200 billion a year for patients. Tort reform would likely reduce this figure dramatically.
It is important to understand that tort reform does not have to rob victims of their right to receive fair compensation for their injuries. In cases of medical negligence, the victims deserve to be fairly compensated for their damages. This compensation should always include all medical expenses, lost wages, and rehabilitation costs incurred as a result of the negligence. And while it is important to address pain and suffering, it is reasonable to cap this figure in order to ensure that patients can still receive the high quality health care they deserve at an affordable rate.
If you have a medical malpractice claim in the West Palm Beach, Florida area, please contact the law offices of Craig Goldenfarb today to schedule your free initial consultation.
